Fair Trading Act 1987

For section 67, a person is taken to have committed a first offence against this Act or the regulations if one of the following applies—

a court convicts the person for the offence—

whether or not the court imposes a penalty, and

unless the conviction is overturned on appeal,

an amount is paid under a penalty notice in relation to the offence, unless the person elects, after the amount is paid, to have the offence dealt with by a court,

a penalty notice enforcement order under the Fines Act 1996 is made against the person in relation to the offence.

Subsection (1)(b) and (c) do not apply if one of the following is withdrawn or annulled—

the penalty notice,

to the extent a penalty notice enforcement order applies to the penalty notice—the penalty notice enforcement order.