Effect of expiation
33 Effect of expiation
S. 33(1) amended by No. 11/2021 s. 194(1).
Subject to this Act and any other Act, if a person has expiated an offence under section 32 other than under subsection (1A)(b) of that section—
no further proceedings may be taken against the person on whom the notice was served in respect of the offence; and
no conviction is to be taken to have been recorded against that person for the offence.
S. 33(1A) inserted by No. 11/2021 s. 194(2).
Subject to this Act or any other Act, if a person has expiated an offence under section 32(1A)(b)—
no further proceedings may be taken against the person who is the subject of the relevant infringement fine in respect of the offence; and
no conviction is to be taken to have been recorded against that person for the offence that was the subject of the relevant infringement fine; and
the offence in respect of which the person is serving or has served a non-fine related sentence is not affected by this Division.
S. 33(2) amended by No. 29/2016 ss 69(1)(a), 92.
The payment of an infringement penalty by a person, or the completion of a work and development permit by a person where the infringement fine is satisfied by that completion, is not and must not be taken to be—
an admission of guilt in relation to the offence; or
S. 33(2)(b) amended by No. 29/2016 s. 69(1)(b).
an admission of liability for the purpose of any civil claim or proceeding arising out of the same occurrence, and the payment of the infringement penalty or completion of the work and development permit does not in any way affect or prejudice any such claim or proceeding.
S. 33(2A) inserted by No. 11/2021 s. 194(3).
The deemed serving of a term of imprisonment by a person in accordance with section 171AE of the Fines Reform Act 2014 is not and must not be taken to be—
an admission of guilt in relation to the offence the subject of the relevant infringement fine; or
an admission of liability for the purpose of any civil claim or proceeding arising out of the same occurrence, and the waiving of the outstanding amount of the relevant infringement fine by the Director does not in any way affect or prejudice any such claim or proceeding.
S. 33(3) amended by Nos 29/2016 s. 69(2), 11/2021 s. 194(4).
The payment of an infringement penalty or completion of the work and development permit or the deemed serving of a term of imprisonment must not be referred to in any report provided to a court for the purpose of determining sentence for any offence.
Note
The fact that an infringement notice has been served on a person for an act or omission under an Act may be used in the conduct of an inquiry or the taking of disciplinary action under that Act, if the Act so permits.
S. 33(4) inserted by No. 17/2022 s. 71.
` (4) For the avoidance of doubt, if an infringement notice is not withdrawn and the infringement penalty and any relevant fees are paid and the offence is expiated in accordance with section 32, no further action in respect of the offence may be taken under this Act or the Fines Reform Act 2014 by—
the person who was served with the infringement notice; or
the enforcement agency.
This Act’s bill:Explanatory memorandumSecond reading speech
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