Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The circumstances for section 98 are as follows:
(a) an infringement notice for an offence relating to the thing is not served on the owner within 1 year after the day the thing was seized, and a prosecution for an offence relating to the thing—
(i) is not started within the 1-year period; or
(ii) is started within the 1-year period but the offence is finally dealt with in the owner's favour;
Examples—offence finally dealt with in owner's favour
1 a court finds the owner not guilty of the offence
2 a court finds the owner guilty of the offence, the owner appeals against the conviction and the appeal court sets the conviction aside
3 a court permanently stays the criminal proceeding against the owner
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(b) an infringement notice for an offence relating to the thing is served on the owner within 1 year after the day the thing was seized, the infringement notice is withdrawn and a prosecution for an offence relating to the thing—
(i) is not started within the 1-year period; or
(ii) is started within the 1-year period but the offence is finally dealt with in the owner's favour;
(c) an infringement notice for an offence relating to the thing is served on the owner and not withdrawn within 1 year after the day the thing was seized, liability for the offence is disputed in accordance with the Magistrates Court Act 1930 , section 132 (Disputing liability for infringement notice offence) and an information—
(i) is not laid in the Magistrates Court against the person for the offence within 60 days after the day notice is given under section 132 that liability is disputed; or
(ii) is laid in the Magistrates Court against the person for the offence within the 60-day period but the offence is finally dealt with in the owner's favour;
(d) an infringement notice for an offence relating to the thing is served on the owner within 1 year after the day the thing was seized, and the infringement notice penalty for the offence is paid;
(e) the responsible person becomes satisfied that there is no offence against this Act with which the thing is connected;
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(f) the responsible person decides not to have an infringement notice served for the offence;
(g) the responsible person or prosecutor decides not to prosecute.
(2) In this section:
"infringement notice penalty"—see the Magistrates Court Act 1930 , section 117.