Infringement notices served before change of administering authority
31 Infringement notices served before change of administering authority
This section applies in relation to an infringement notice for an offence served on a person if—
when the notice was served, an entity (the first entity) was prescribed by this regulation to be the administering authority for the infringement notice or offence; and
the notice stated that the person must or may—
pay a fine to the first entity; or
make an election or application to the first entity; or
give a declaration or other document to the first entity; and
after the notice was served, a 2022 Act amendment commenced and another entity (the second entity) became the administering authority for the infringement notice or offence.
From the commencement of the 2022 Act amendment, for the purpose of a relevant provision of the Act, the first entity and the second entity are each prescribed to be an administering authority for the infringement notice or offence.
To remove any doubt, it is declared that subsection (2) does not require a person to do a thing under a relevant provision in relation to both the first entity and the second entity.
Example—
If, under a relevant provision, a person served with an infringement notice may pay a fine to the administering authority, the person may pay the fine to either the first entity or the second entity.
In this section—
2022 Act amendment means an amendment of this regulation by the State Penalties Enforcement (Modernisation) Amendment Act 2022.
relevant provision means a provision under which a thing mentioned in subsection (1)(b)(i) to (iii) must or may be done.
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