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COMMONWEALTHAct
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s 288R

Effect of payment of amount

In force
Volume 1Chapters 1 to 6 (sections 1 to 322)
Chapter 4Remedies
Part 4-2Power of the court to grant remedies
Division 1Introduction

288R Effect of payment of amount

(1)

If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the payment period for the notice:

(a)

any liability of the person for the alleged contravention is discharged; and

(b)

if the alleged contravention is of an offence provision and would not also constitute a contravention of a civil penalty provision—the person may not be prosecuted in a court for the alleged contravention; and

(c)

if the alleged contravention is of an offence provision and would also constitute a contravention of a civil penalty provision—the person may not be prosecuted in a court, and proceedings seeking a pecuniary penalty order may not be brought, in relation to the alleged contravention; and

(d)

if the alleged contravention is of a civil penalty provision—proceedings seeking a pecuniary penalty order may not be brought in relation to the alleged contravention; and

(e)

the person is not regarded as having admitted guilt or liability for the alleged contravention; and

(f)

if the provision is an offence provision—the person is not regarded as having been convicted of the alleged offence.

(2)

Subsection (1) does not apply if the notice has been withdrawn.

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