Circumstances—s 452
453 Circumstances—s 452
The circumstances for section 452 are as follows:
an infringement notice for an offence relating to the thing is not served on the owner within 1 year after the day the thing was seized, and a prosecution for an offence relating to the thing—
is not started within the 1-year period; or
is started within the 1-year period but the offence is finally dealt with in the owner’s favour;
Examples—offence finally dealt with in owner’s favour
1 a court finds the owner not guilty of the offence
2 a court finds the owner guilty of the offence, the owner appeals against the conviction and the appeal court sets the conviction aside
3 a court permanently stays the criminal proceeding against the owner
an infringement notice for an offence relating to the thing is served on the owner within 1 year after the day the thing was seized, the infringement notice is withdrawn and a prosecution for an offence relating to the thing—
is not started within the 1-year period; or
is started within the 1-year period but the offence is finally dealt with in the owner’s favour;
an infringement notice for an offence relating to the thing is served on the owner and not withdrawn within 1 year after the day the thing was seized, liability for the offence is disputed in accordance with the Road Transport (General) Act 1999, section 51 (Disputing liability for infringement notice offence) and an information—
is not laid in the Magistrates Court against the person for the offence within 60 days after the day notice is given under that Act, section 51 that liability is disputed; or
is laid in the Magistrates Court against the person for the offence within the 60-day period, but the offence is finally dealt with in the owner’s favour;
an infringement notice for an offence relating to the thing is served on the owner within 1 year after the day the thing was seized, and the infringement notice penalty for the offence is paid;
the MAI commission becomes satisfied that there is no offence against this Act with which the thing was connected;
the MAI commission decides not to have an infringement notice served for the offence;
the MAI commission or DPP decides not to prosecute.
Note Infringement notice—see the Road Transport (General) Act 1999, s 24 (6).
Infringement notice penalty, for a person for an infringement notice offence—see the Road Transport (General) Act 1999, dictionary.
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