Penalty amounts to be alternative to prosecution
489 Penalty amounts to be alternative to prosecution
This section applies if a penalty amount, including a part of a penalty amount, becomes payable by a person because of the person’s contravention of a provision mentioned in section 488(1).
If a proceeding is started against the person for an offence against the provision for the contravention and the penalty amount has not been paid to the commissioner, the penalty amount is payable only if the proceeding is withdrawn.
If the penalty amount has been paid to the commissioner, but a proceeding is started against the person for an offence against the provision for the contravention, the penalty amount must be refunded by the commissioner.
Despite subsection (3), if the commissioner withdraws the proceeding for the offence, the person again becomes liable to pay the penalty amount.
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