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MONETARY PENALTIES ENFORCEMENT ACT 2005 - SECT 17 Options for dealing with infringement notice issued by fee-paying public sector body

MONETARY PENALTIES ENFORCEMENT ACT 2005 - SECT 17

Options for dealing with infringement notice issued by fee-paying public sector body

(1)  A person who is served with an infringement notice that was issued by a fee-paying public sector body must, within the period allowed on the notice and subject to subsection (6) , do one or more of the following:
(a) pay the monetary penalty in full to the issuing authority;
(b) apply to the issuing authority for withdrawal of the infringement notice;
(c) apply to the issuing authority for a variation of payment conditions;
(d) lodge with the issuing authority a notice of election to have the offence or offences set out in the infringement notice heard and determined by a court.
(2)  A fee-paying public sector body may approve or refuse to approve an application under this section and must notify the alleged offender of that approval or refusal.
(3)  If the alleged offender makes an election under subsection (1)(d) , he or she must lodge with the issuing authority a notice of election in a form specified by the issuing authority.
(4)  If the alleged offender is notified of the refusal of an application under subsection (1)(b) , he or she may –
(a) pay the monetary penalty in full; or
(b) apply for variation of payment conditions; or
(c) lodge a notice of election.
(5)  If the alleged offender is notified of the refusal of an application under subsection (1)(c) , he or she must pay the monetary penalty in full.
(6)  If, when the alleged offender is notified under subsection (4) or (5) , the period referred to in subsection (1) has expired or will expire within 3 days, that period is extended by a further 7 days from the date the alleged offender receives the notification.