What can an enforcement agency decide on review?
217 What can an enforcement agency decide on review?
S. 217(1)(2) repealed by No. 29/2016 s. 50(1).
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S. 217(3) amended by Nos 29/2016 s. 50(2), 59/2017 s. 98(1)(2).
For section 25(3), (4), (5) and (6) of the Infringements Act 2006 substitute—
"(3) If an enforcement agency makes a decision under subsection (2)(a) confirming the decision to serve the infringement notice, the person served with the infringement notice must—
pay the infringement penalty in accordance with section 26; or
apply to the enforcement agency for a payment plan; or
apply to the Director for a payment arrangement; or
elect to have the matter of the infringement offence heard and determined in the Court; or
be the subject of an application to the Director for a work and development permit.
If an enforcement agency makes a decision under subsection (2A)(a) granting the application, the enforcement agency must serve the applicant with written notice of that decision.
A person served with a notice under subsection (4) must, within 21 days of receiving the notice—
pay the infringement penalty; or
enter into a payment plan or payment arrangement; or
nominate another person as being the person responsible for committing the offence in respect of which an infringement notice was issued; or
apply for a review of the decision to serve an infringement notice under section 22(1)(a), (b) or (c); or
elect to have the matter of an infringement offence heard and determined in the Court or the Children's Court (as the case requires); or
be the subject of an application to the Director for a work and development permit.
If an enforcement agency makes a decision under subsection (2A)(b) refusing the application, the enforcement agency must—
serve the applicant written notice of the outcome of the review; and
advise the applicant that the infringement penalty must be paid within 14 days of the written notice.".
S. 217(4) inserted by No. 59/2017 s. 98(3).
After section 25(6) of the Infringements Act 2006 insert—
"(7) A person served with a notice under subsection (6) must, within 14 days of receiving the notice—
pay the infringement penalty; or
apply to the enforcement agency for a payment plan; or
apply to the Director for a payment arrangement; or
elect to have the matter of the infringement offence heard and determined in the Court; or
be the subject of an application to the Director for a work and development permit.".
S. 218 repealed by No. 29/2016 s. 50(1).
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This Act’s bill:Explanatory memorandumSecond reading speech
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