Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
30A Application for payment of penalty by instalments
(1) A person served with an infringement notice or reminder notice for an infringement notice offence may apply to the administering authority for payment of all or part of the infringement notice penalty by instalments over a period of time that may be longer than 6 months.
Note If a form is approved under s 225 for this provision, the form must be used.
(2) The application must be made within 28 days after the date of service of the infringement notice or reminder notice.
(3) However, the application may be made at a later time if the administering authority is satisfied on reasonable grounds that there are circumstances why the application could not be made within the 28-day period.
(4) The application—
(a) must include information about the financial circumstances of the person served with the notice; and
(b) may include information about whether the person served with the notice is the holder of 1 of the following cards—
(i) a current health care card issued under the Social Security Act 1991 (Cwlth);
(ii) a current pensioner concession card issued under the Social Security Act 1991 (Cwlth);
(iii) a current pensioner concession card issued in relation to a pension under the Veterans' Entitlements Act 1986 (Cwlth) or the Military Rehabilitation and Compensation Act 2004 (Cwlth);
(iv) a current gold card;
(v) a card prescribed by regulation; and
(c) may give the administering authority written authorisation for the automatic deduction of a nominated maximum amount each fortnight from a nominated pension or benefit the person is receiving; and
(d) must include anything else prescribed by regulation.
(5) In this section:
"gold card" means a card known as the Repatriation Health Card—For All Conditions that evidences a person's eligibility, under the Veterans' Entitlements Act 1986 (Cwlth) or the Military Rehabilitation and Compensation Act 2004 (Cwlth), to be provided with treatment for all injuries or diseases.
30B Application for payment of penalty by instalments—decision
(1) On application by a person under section 30A, the administering authority must—
(a) allow the application; or
(b) refuse the application.
(2) The administering authority may, in writing, ask the applicant or a person mentioned in the application for more information to assist the authority to make a decision under this section.
(3) The administering authority—
(a) must allow payment by instalments if the person is the holder of a card mentioned in section 30A (4) (b); and
(b) in any other case—may allow payment by instalments if satisfied on reasonable grounds that it is justified because of the person's financial circumstances.
(4) The administering authority must—
(a) if the application is allowed—tell the person in writing about the arrangements for paying the infringement notice penalty by instalments; and
(b) if the application is refused—tell the person in writing about the refusal and the reasons for the refusal.
(5) A regulation may make provision in relation to the following:
(a) any conditions applying to allowing an application under section 30A;
(b) the way payment of an infringement notice penalty by instalments is to be made.
30C Application to discharge penalty by community work or social development program
(1) A person served with an infringement notice or reminder notice for an infringement notice offence may apply to the administering authority to discharge the infringement notice penalty for the offence by completing an approved community work or social development program.
Note If a form is approved under s 225 for this provision, the form must be used.
(2) The application must be made within 28 days after the date of service of the infringement notice or reminder notice.
(3) However, the application may be made at a later time if the administering authority is satisfied on reasonable grounds that there are circumstances why the application could not be made within the 28-day period.
(4) The application must set out—
(a) either or both of the following:
(i) the financial circumstances of the person;
(ii) any special circumstances of the person; and
(b) anything else prescribed by regulation.
30D Application to discharge penalty by community work or social development program—decision
(1) On application by a person under section 30C, the administering authority must send the application to the director-general responsible for the Crimes (Sentence Administration) Act 2005 , part 6.2 (Good behaviour—community service work).
(2) The director-general must—
(a) allow the application; or
(b) refuse the application.
(3) The director-general may, in writing, ask the applicant or a person mentioned in the application for more information to assist the director-general to make a decision under this section.
(4) The director-general may allow the application if satisfied on reasonable grounds that it is justified because of—
(a) either or both of the following:
(i) the financial circumstances of the person;
(ii) any special circumstances of the person; and
(b) anything else prescribed by regulation.
(5) The director-general must—
(a) if the application is allowed—
(i) tell the administering authority that the application is allowed; and
(ii) tell the applicant in writing about the arrangements for completing the approved community work or social development program; and
(b) if the application is refused—
(i) tell the administering authority that the application is refused; and
(ii) tell the applicant in writing about the refusal and the reasons for the refusal.
(6) A regulation may make provision in relation to the following:
(a) any conditions applying to allowing an application under section 30C;
(b) the arrangements for completing an approved community work or social development program, including when an approved community work or social development program is taken to be completed and evidence of completion;
(c) the administration of approved community work or social development programs by a prescribed agency.
(7) In this section:
"special circumstances", of a person, means any of the following circumstances that relate to the person and significantly affect his or her ability to pay an infringement notice penalty:
(a) mental or intellectual disability, disease or illness;
(b) physical disability, disease or illness;
(c) addiction to drugs, alcohol or another substance;
(d) being a victim of domestic violence;
(e) homelessness, or living in crisis or transitional or supported accommodation;
(f) anything else prescribed by regulation.
30E Approval of community work or social development program
(1) The director-general responsible for the Crimes (Sentence Administration) Act 2005 , part 6.2 (Good behaviour—community service work) may approve a community work or social development program for this division.
(2) An approval is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
30F Application for waiver of penalty
(1) A person served with an infringement notice or reminder notice for an infringement notice offence may apply to the administering authority for waiver of—
(a) the infringement notice penalty for the infringement notice offence; and
(b) the amount payable for the cost of serving a reminder notice.
Note If a form is approved under s 225 for this provision, the form must be used.
(2) The application must set out—
(a) the person's financial circumstances; and
(b) the person's special circumstances; and
(c) anything else prescribed by regulation.
(3) In this section:
"special circumstances", of a person—see section 30D (7).
30G Application for waiver of penalty—decision
(1) On application by a person under section 30F, the administering authority must—
(a) allow the application; or
(b) refuse the application.
(2) The administering authority may, in writing, ask the applicant or a person mentioned in the application for more information to assist the authority to make a decision under this section.
(3) The administering authority must allow an application if satisfied on reasonable grounds that—
(a) the applicant does not have, and is unlikely to have, the financial ability to pay the infringement notice penalty; and
(b) special circumstances exist in relation to the applicant; and
(c) enforcement action has not resulted in, or is unlikely to result in, the payment of the infringement notice penalty; and
(d) the applicant is not a suitable person to discharge the penalty by completing an approved community work or social development program.
(4) For subsection (3) (d), the administering authority may consult with the director-general responsible for the Crimes (Sentence Administration) Act 2005 , part 6.2 (Good behaviour—community service work).
(5) The administering authority must—
(a) if the application is allowed—tell the person in writing about the waiver of the infringement notice penalty; and
(b) if the application is refused—tell the person in writing about the refusal and the reasons for the refusal.
(6) In this section:
"special circumstances", of a person—see section 30D (7).