Victorian Consolidated Legislation

Marine Act 1988 - SECT 61

Payment of penalty

61. Payment of penalty



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(2A) Despite section 32(2) of the Infringements Act 2006, if the infringement
notice was served by a staff member of a Council within the meaning of the
Local Government Act 1989, the penalty paid under Part 2 of the
Infringements Act 2006 must be paid into the municipal fund of that Council.



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(4) If an infringement notice has been served and the amount of the penalty is
not paid before the end of the period specified in the notice as the time for
payment or where the notice has been withdrawn, nothing in this section in any
way prejudices the institution or prosecution of proceedings for the
infringement in question (whether pursuant to Schedule 3 to the
Magistrates' Court Act 1989 or otherwise) but in any case, where the court is
satisfied that an infringement notice was served in respect of the
infringement and has not been withdrawn, the conviction imposed by the court
must not be taken to be a conviction for any purpose (including but not
limited to the purposes of any enactment imposing, authorising or requiring
the imposition of any disqualification, disability or higher penalty on
convicted people or people convicted on more than one occasion) except in
relation to-

   (a)  the making of the conviction itself; and

   (b)  any subsequent proceedings which may be taken in respect of the
        conviction itself, including proceedings by way of appeal or order to
        review.