Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
Division 3.2 Infringement and reminder notices
(1) This section applies if an authorised person believes on reasonable grounds that an infringement notice offence has been committed.
(2) A notice for the offence (an infringement notice ) may be served on a person in the way prescribed by regulation.
(3) An infringement notice must not be served—
(a) if a regulation prescribes a period within which an infringement notice must be served—after the end of the prescribed period; or
(b) in any other case—later than 1 year after the day the infringement notice offence to which the notice relates was committed.
(4) For subsection (3) (b), if the infringement notice offence is an ongoing offence, the day the infringement notice offence was committed is the last day of the ongoing offence.
Note See s 31 for the time within which a prosecution for an infringement notice must be begun.
25 Infringement notices—contents
An infringement notice must include the information prescribed by regulation.
26 Infringement notice—payment of penalty etc
(1) This section applies if—
(a) an infringement notice for an infringement notice offence is served on a person; and
(b) the infringement notice has not been withdrawn.
Note See s 36 for withdrawal of infringement notices.
(2) The person must do 1 of the following within 28 days after the date the infringement notice is served:
(a) pay the infringement notice penalty stated in the notice;
(b) apply for withdrawal of the infringement notice;
Note See s 34 for applications for withdrawal of infringement notices.
(c) if the person asserts he or she was not the person who committed the offence—give the administering authority an infringement notice declaration;
(d) if the person disputes liability for the offence—give the administering authority written notice disputing liability.
Note 1 For when a notice sent by post is taken to be given, see the Road Transport (General) Regulation 2000 , s 9B.
Note 2 See s 51 for disputing liability for an infringement notice offence.
Note 3 If a person disputes liability for an infringement notice offence, the administering authority may lay an information in the Magistrates Court against the person for the offence (see s 53).
Note 4 A person served with an infringement notice may apply for an extension of time to do something mentioned in s (2) (see s 29).
Note 5 If a person served with an infringement notice does nothing under s (2) within 28 days or any extension of time allowed under s 29, a reminder notice will be served on the person (see s 27).
27 Reminder notice—service and contents
(1) This section applies if—
(a) an infringement notice for an infringement notice offence is served on a person; and
(b) the infringement notice has not been withdrawn; and
(c) the person—
(i) has not done anything mentioned in section 26 (2) in relation to the infringement notice, has not been granted an extension of time to do something mentioned in section 26 (2), and at least 28 days have passed since the date the infringement notice was served; or
(ii) if the person has been granted an extension of time to do something mentioned in section 26 (2)—has not done anything mentioned in that subsection within the extended time.
Note For when a notice sent by post is taken to be given, see the Road Transport (General) Regulation 2000 , s 9B.
(2) The administering authority must arrange for service of a notice (a reminder notice ) on the person.
Note If a reminder notice has been served on a person for an infringement notice offence, the total amount payable by the person for the infringement notice penalty for the offence is the prescribed amount of the penalty payable for the offence plus the prescribed amount payable for the cost of serving the reminder notice (see dict, def infringement notice penalty ).
(3) The reminder notice must include the information prescribed by regulation.
28 Action on service of reminder notice—payment of penalty etc
(1) This section applies if—
(a) a reminder notice is served on a person; and
(b) the infringement notice to which the reminder notice relates has not been withdrawn.
Note See s 36 for withdrawal of infringement notices.
(2) The person must do 1 of the following within 28 days after the date the reminder notice is served:
(a) pay the infringement notice penalty stated in the reminder notice;
(b) apply for withdrawal of the infringement notice;
Note See s 34 for applications for withdrawal of infringement notices.
(c) if the person asserts he or she was not the person who committed the infringement notice offence to which the infringement notice relates—give the administering authority an infringement notice declaration;
(d) if the person disputes liability for the infringement notice offence—give the administering authority written notice disputing liability.
Note 1 See s 51 for disputing liability for an infringement notice offence.
Note 2 If a person disputes liability for an infringement notice offence, the administering authority may lay an information in the Magistrates Court against the person for the offence (see s 53).
Note 3 A person served with an infringement notice may apply for an extension of time to do something mentioned in s (2) (see s 29).
29 Extension of time to do things
(1) A person may apply for an extension of the time for doing something mentioned in section 26 (2) (Infringement notice—payment of penalty etc) or section 28 (2) (Action on service of reminder notice—payment of penalty etc).
(2) The administering authority for the infringement notice offence must—
(a) allow the application; or
(b) refuse the application.
(3) The administering authority must tell the person—
(a) the date of the authority's decision; and
(b) if the authority allows the application—when the additional time begins and ends; and
(c) if the authority refuses the application—the reason for the decision.
(4) If the administering authority refuses an application, the person must do the thing not later than the time prescribed by regulation.
(5) A regulation may make provision in relation to the following:
(a) the making of an application to extend the time to do something mentioned in section 26 (2) or section 28 (2);
(b) any conditions in relation to an application;
(c) any matters to be taken into account by the administering authority when deciding an application;
(d) any conditions applying to a grant of an extension of time;
(e) the maximum amount by which the time for doing something mentioned in section 26 (2) or section 28 (2) may be extended.
30 Extension of time—guidelines
(1) The Minister may issue guidelines for deciding applications for extensions of time, including applications for extensions of time made after the time for doing something in section 26 (2) or section 28 (2) has ended.
(2) The administering authority for an infringement notice offence must comply with any guidelines for deciding an application for an extension of time.
(3) A guideline is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
31 Time for beginning prosecution for infringement notice offence
A prosecution for an infringement notice offence must be begun not later than 1 year after the earlier of—
(a) the day the person served with the notice disputes liability for the offence; and
(b) the last day the person served with the notice may dispute liability for the offence.
Division 3.3 Infringement notice offences involving registrable vehicles—responsible person's liability
32 Meaning of all reasonable steps —div 3.3
(1) In this division:
"all reasonable steps—"a responsible person for a registrable vehicle takes all reasonable steps to assist the administering authority to identify and locate the individual who was in possession or control of the vehicle at the time of an infringement notice offence involving the vehicle—
(a) if—
(i) the person gives the administering authority an infringement notice declaration for the offence within the time required under division 3.2 (Infringement and reminder notices) (including any additional time allowed under that division); and
(ii) the administering authority accepts the infringement notice declaration for this division; and
(b) if the administering authority requires an approved form to be completed in relation to the offence—if the person completes the form properly; and
(c) if the person responds to any correspondence from the administering authority within 14 days after the correspondence is served on the person.
Note 1 For when a notice sent by post is taken to be given, see the Road Transport (General) Regulation 2000 , s 9B.
Note 2 The Legislation Act, s 250 (1) does not apply to a notice given under the road transport legislation (see Road Transport (General) Regulation 2000 , s 9B (4)).
Note 3 Infringement notice declaration —see s 21A.
(2) For subsection (1), definition of "all reasonable steps", paragraph (b), an approved form is properly completed by a responsible person only if—
(a) if the approved form requires particular information to be included in the form—the responsible person complies with the requirement; and
(b) the information the responsible person includes in the form is accurate; and
(c) the responsible person completes the form in a way that can be understood by a reasonable person.
Note 1 Under the Legislation Act, s 255 (5), if a form requires any of the following, substantial compliance with the form is not sufficient and the form is properly completed only if the requirement is complied with:
(a) the form to be signed;
(b) the form to be prepared in a particular way (for example, on paper of a particular size or quality or in a particular electronic form);
(c) the form to be completed in a particular way;
(d) particular information to be included in the form, or a particular document to be attached to or given with the form;
(e) the form, information in the form, or a document attached to or given with the form, to be verified in a particular way (for example, by statutory declaration).
Note 2 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).
33 Responsible person's obligations
(1) This section applies if—
(a) an infringement notice for an infringement notice offence is served on a responsible person for a registrable vehicle; and
(b) the responsible person was not in possession or control of the vehicle at the time of the offence.
(2) The responsible person for the registrable vehicle must take all reasonable steps to give the administering authority sufficient information to identify and locate the individual who was in possession or control of the vehicle at the time of the offence.
Note The responsible person for a registrable vehicle involved in an infringement notice offence is taken to be the individual in possession or control of the vehicle at the time of the offence unless the responsible person proves, on the balance of probabilities, that the person was not in possession or control of the vehicle at the time of the offence (see s 53AA).
34 Infringement notice—application for withdrawal
(1) A person served with an infringement notice or reminder notice for an infringement notice offence may apply to the administering authority for the withdrawal of the infringement notice.
(2) An application must—
(a) be in writing; and
(b) state the grounds relied on for the infringement notice to be withdrawn.
(3) For this section, an infringement notice declaration made and given by the person to the administering authority in relation to the offence is taken to be an application by the person under subsection (1).
35 Application for withdrawal—decision
(1) On application by a person under section 34, the administering authority must—
(a) withdraw the infringement notice; or
(b) refuse to withdraw the infringement notice; or
(c) in writing, ask the applicant or a person mentioned in the application for further information to assist the authority to make a decision under this section.
(2) If the administering authority asks for further information, the information must be given in the form of a statutory declaration.
Note 1 The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
(3) If the application is in the form of an infringement notice declaration, the administering authority may refuse to withdraw the infringement notice if it is satisfied on reasonable grounds that the applicant has not taken all reasonable steps to assist the authority to identify and locate the individual who was in possession or control of the vehicle at the time of the offence.
Note The guidelines may include other grounds for refusing to withdraw an infringement notice declaration.
(4) The administering authority must give the applicant written notice of its decision under this section and, if the decision is to refuse to withdraw the infringement notice, reasons for the refusal.
36 Infringement notice—withdrawal
(1) If an infringement notice is served on a person for an infringement notice offence, the administering authority may withdraw the infringement notice, whether or not—
(a) the person has applied, or is taken to have applied, for withdrawal of the infringement notice under section 34; or
(b) the infringement notice penalty (or part of it) has been paid for the offence; or
(c) the person has disputed liability for the infringement notice offence.
(2) If the administering authority decides to withdraw an infringement notice, the authority must do so by written notice (a withdrawal notice ) served on the person.
(3) The withdrawal notice must—
(a) include the infringement notice number and the date the infringement notice was served; and
(b) tell the person that the infringement notice is withdrawn and, in general terms, about subsection (4).
(4) The effect of the service of a withdrawal notice is as follows:
(a) this part, other than this section, ceases to apply to the infringement notice;
(b) if the infringement notice penalty (or part of it) has been paid—the administering authority must repay the amount paid.
(5) However, nothing in this section prevents the administering authority—
(a) serving an infringement notice, or commencing a proceeding, for the offence against another person; or
(b) if the administering authority is satisfied that a withdrawal notice was served on a person in error, or as a result of misrepresentation or a false declaration—serving an infringement notice, or commencing a proceeding, for the offence against the person.
37 Infringement notice—effect of refusal to withdraw
(1) If the administering authority for an infringement notice offence refuses to withdraw an infringement notice for the offence, the applicant for the withdrawal must—
(a) if a reminder notice has not been served on the applicant—do something mentioned in section 26 (2) (a), (c) or (d); or
(b) if a reminder notice has been served on the applicant—do something mentioned in section 28 (2) (a), (c) or (d).
Note If the applicant pays the penalty, the demerit points for the offence will be recorded against the person—see the Road Transport (Driver Licensing) Act 1999 , s 13A.
(2) The applicant must do something under subsection (1) not later than the later of—
(a) 7 days after the applicant is given notice of the refusal; and
(b) 28 days after the infringement notice or reminder notice was served (or any extension of time allowed under section 29).
38 Infringement notice—guidelines for withdrawal
(1) The Minister may issue guidelines for the withdrawal of infringement notices.
(2) The administering authority for an infringement notice offence must comply with the guidelines.
(3) A guideline is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
39 Infringement notice—effect of penalty payment
(1) This section applies—
(a) if—
(i) a person has been served with an infringement notice for an infringement notice offence; and
(ii) the person pays the infringement notice penalty for the offence in accordance with this part; and
(iii) when the payment was made—
(A) the infringement notice had not been withdrawn; and
(B) an information had not been laid in the Magistrates Court against the person for the offence; or
(b) if—
(i) more than 1 infringement notice for the same infringement notice offence has been served on the person and none of the infringement notices have been withdrawn; and
(ii) the person pays the infringement notice penalty for the offence, in accordance with this part, in relation to 1 notice (together with any costs and disbursements payable under this part in relation to the notice); or
(c) if—
(i) an infringement notice for an infringement notice offence involving a registrable vehicle has been served; and
(ii) a responsible person for the vehicle at the time of the offence pays the infringement notice penalty for the offence in accordance with this part; and
(iii) when the payment was made—
(A) the infringement notice had not been withdrawn; and
(B) an information had not been laid in the Magistrates Court against a responsible person for the vehicle for the offence.
(2) The person—
(a) is no longer liable for the offence; and
(b) must not be prosecuted for the offence; and
(c) is not taken to have been convicted of the offence.
(3) This section is subject to section 36 (Infringement notice—withdrawal).