Effect of payment of penalty
89 Effect of payment of penalty
S. 89(1) amended by No. 57/1998 s. 4(5)(d), repealed by No. 32/2006 s. 64(2).
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S. 89(2) amended by No. 57/1989 s. 3(Sch. item 173.21), repealed by No. 32/2006 s. 64(2).
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S. 89(3) repealed by No. 32/2006 s. 64(2).
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S. 89(4) amended by Nos 57/1989 s. 3(Sch. item 173.22), 32/2006 s. 64(3) 68/2009 s. 97(Sch. item 106.24).
Subject to Division 5 of Part 2 of the Infringements Act 2006, if an infringement notice has been served and the amount of the penalty is not paid before the expiration of the period specified in the notice as the time for payment or where, in the case of a traffic infringement notice, the notice has been withdrawn, nothing in this section in any way prejudices the institution or prosecution of proceedings for the infringement in question but in any case, where the court is satisfied that an infringement notice was served in respect of the infringement and has not been withdrawn, the conviction imposed by the court must not be taken to be a conviction for any purpose (including, without limiting the generality of the foregoing, the purposes of any enactment imposing, authorising or requiring the imposition of any disqualification, disability or higher penalty on convicted people or people convicted on more than one occasion) except in relation to—
the making of the conviction itself; and
any subsequent proceedings which may be taken in respect of the conviction itself, including proceedings by way of appeal or order to review.
S. 89(5) substituted by No. 32/2006 s. 64(4), amended by No. 74/2013 s. 6.
Despite anything to the contrary in Division 5 of Part 2 of the Infringements Act 2006, the regulations may provide that demerit points are incurred under Part 4 in respect of a traffic infringement by a person.
S. 89(6) inserted by No. 92/2001 s. 24, amended by No. 32/2006 s. 64(5), repealed by No. 28/2009 s. 43.
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S. 89(7) inserted by No. 92/2001 s. 24, repealed by No. 28/2009 s. 43.
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S. 89(8) inserted by No. 95/2005 s. 17, amended by No. 32/2006 s. 64(6).
Despite anything to the contrary in this section or Division 5 of Part 2 of the Infringements Act 2006, the fact that a person paid a penalty, was found guilty, participated in a diversion program or had a conviction imposed by the court, in respect of an infringement for which an infringement notice was served—
may be recorded for the purposes of any scheme to provide discounted fees to good drivers; and
may be used to wholly or partly exclude the person from the scheme.
S. 89(9) inserted by No. 81/2006 s. 20(2).
Despite anything to the contrary in this section, the fact that a person paid a penalty, was found guilty, participated in a diversion program or had a conviction imposed by the court, in respect of an infringement for which an infringement notice was served may be recorded and used for the purposes of determining the period or periods for which a person may be required to hold a driver licence on probation.
S. 89A (Heading) inserted by No. 111/2003 s. 20(2).
S. 89A inserted by No. 53/1989 s. 18.
This provision refers to the regulations (the regulations may provide
). Made under this Act:
- Road Safety (Automated Vehicles) Regulations 2018 · under section 95
- Road Safety (Drivers) Regulations 2019 · under section 95
- Road Safety (Driving Instructors) Regulations 2020 · under section 95
4 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Second reading speech
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