State Penalties Enforcement Act 1999

If, within 14 days after the date of the notice of the decision under section 57(6) and, after considering an application to cancel an enforcement order, the registrar refuses to cancel the order, the applicant may apply in writing to a Magistrates Court in the Magistrates Court district in which the offence is alleged to have been committed to have the original application decided by the court.

The application must be filed with the relevant court registrar.

The court registrar must, as soon as practicable, refer the matter to the court and notify the applicant and the registrar of when and where the application is to be decided.

The court may make any decision about the application that the registrar could have made.

The court may decide the application in the absence of the applicant if the court is satisfied the applicant is avoiding service of the notice or can not, after reasonable search and inquiry, be found.

Also, the court may decide the application if it is satisfied that no party to the application will be prejudiced by the non-service of, or any error or omission in, the notice of the decision under section 57(6).