Australian Capital Territory Numbered Acts

ROAD TRANSPORT LEGISLATION AMENDMENT ACT 2013 (NO. 13 OF 2013) - SECT 22

substitute

39     Infringement notice—effect of penalty payment etc

    (1)     This section applies—

        (a)     if—

              (i)     a person has been served with an infringement notice for an offence; and

              (ii)     1 of the following things happens:

    (A)     the person pays the infringement notice penalty for the offence in accordance with this part;

    (B)     the person enters into an infringement notice management plan for the infringement notice penalty for the offence or the penalty is added to the person's infringement notice management plan;

    (C)     the administering authority waives the infringement notice penalty for the offence; and

              (iii)     when the thing happened—

    (A)     the infringement notice had not been withdrawn; and

    (B)     an information had not been laid in the Magistrates Court against the person for the offence; or

        (b)     if—

              (i)     more than 1 infringement notice for the same infringement notice offence has been served on a person and none of the infringement notices have been withdrawn; and

              (ii)     1 of the following things happens:

    (A)     the person pays the infringement notice penalty for the offence, in accordance with this part, in relation to 1 notice;

    (B)     the person enters into an infringement notice management plan for the infringement notice penalty for the offence, or the penalty is added to the person's infringement notice management plan, in relation to 1 notice;

    (C)     the administering authority waives the infringement notice penalty for the offence in relation to 1 notice; or

        (c)     if—

              (i)     an infringement notice for an infringement notice offence involving a registrable vehicle has been served; and

              (ii)     1 of the following things happens:

    (A)     a responsible person for the vehicle at the time of the offence pays the infringement notice penalty for the offence in accordance with this part;

    (B)     a responsible person for the vehicle at the time of the offence enters into an infringement notice management plan for the infringement notice penalty for the offence, or the penalty is added to the person's infringement notice management plan;

    (C)     the administering authority waives the infringement notice penalty for the offence; and

              (iii)     when the thing happened—

    (A)     the infringement notice had not been withdrawn; and

    (B)     an information had not been laid in the Magistrates Court against a responsible person for the vehicle for the offence.

    (2)     The person—

        (a)     is no longer liable for the offence; and

        (b)     must not be prosecuted for the offence; and

        (c)     is not taken to have been convicted of the offence.

    (3)     This section is subject to section 36 (Infringement notice—withdrawal).