Enforcement agency must withdraw infringement notice if Director serves enforcement cancellation
38 Enforcement agency must withdraw infringement notice if Director serves enforcement cancellation
S. 38(1) amended by No. 29/2016 s. 22(2).
An enforcement agency that is served notice of an enforcement cancellation must, within 90 days of the date of that notice—
do one of the following—
withdraw the infringement notice and take no further action;
withdraw the infringement notice and issue an official warning;
withdraw the infringement notice and commence a proceeding for the alleged offence by filing a charge-sheet; and
notify the applicant of the enforcement agency's decision.
If the Director serves an enforcement cancellation on an applicant for enforcement review under section 32(1)(d)—
the registration of the infringement penalty as an infringement fine is cancelled; and
any additional fees and costs that have been added to the infringement penalty under this Act or the Infringements Act 2006 or the regulations under either Act are waived; and
the Director must refer the matter back to the enforcement agency to be dealt with in accordance with the Infringements Act 2006.
Example to s. 38(2)(c) amended by No. 29/2016 s. 22(3).
Example
The enforcement agency may withdraw the infringement notice, issue an official warning, file a charge-sheet in relation to the offence, issue a new infringement notice or enter into a payment plan with a person. See the Infringements Act 2006.
S. 38A inserted by No. 29/2016 s. 23.
This Act’s bill:Explanatory memorandumSecond reading speech
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