Application to cancel infringement notice for mistake of fact
30 Application to cancel infringement notice for mistake of fact
This section applies to an infringement notice for which a default certificate for the relevant infringement notice offence has been given to SPER for registration under section 33(1).
If the registrar is satisfied—
a person has been incorrectly named in the infringement notice as the alleged offender for the relevant infringement notice offence because of a mistake of fact or the misuse of the name and other particulars of the person named in the infringement notice; and
the administering authority has refused to withdraw the relevant infringement notice;
the registrar may apply to a Magistrates Court for an order cancelling the infringement notice.
The court may cancel or refuse to cancel the infringement notice.
The court may decide an application under subsection (2) on written materials in the absence of a party if the court considers it appropriate.
This Act’s bill:Explanatory memorandum
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