Document ID: chunk:federal_register_of_legislation:F2024C01131:front:0:p11
Version: federal_register_of_legislation:F2024C01131
Segment Type: other
Provision Reference: 
Character Range: 24825–27583

(c) the person is not convicted of the offence.
       (2) Subsection (1) applies to a person who makes an arrangement to pay the infringement notice penalty by instalments, only if the person makes payments in accordance with the arrangement.

33 Admissions under subsection 29(2)
        Evidence of an admission made by a person in an application under subsection 29(2) is inadmissible in proceedings against the person for the alleged offence.

34 Matter not to be taken into account in determining penalty
       (1) This section applies if a person who is given an infringement notice:
(a) elects not to pay the infringement notice penalty; and
(b) is prosecuted for, and convicted of, the alleged offence mentioned in the notice.
       (2) In determining the penalty to be imposed, the court must not take into account the fact that the person chose not to pay the infringement notice penalty.

35 Evidence for hearing
       (1) At the hearing of a prosecution for an offence mentioned in an infringement notice, the following certificates are evidence of the facts stated in the certificate:
(a)  a certificate signed by the National Regulator or a marine safety inspector stating that:
 (i)  the notice was given to the alleged offender; and
 (ii)  the infringement notice penalty has not been paid in accordance with this Division;
(b) a certificate signed by the National Regulator or a marine safety inspector and stating that the notice was withdrawn on a day mentioned in the certificate;
(c) a certificate signed by the National Regulator and stating that:
 (i) a further period was refused, under section 27, for payment of the infringement notice penalty; and
 (ii) the infringement notice penalty has not been paid in accordance with this Division;
(d) a certificate signed by the National Regulator and stating that a notice, a copy of which is attached to the certificate, was given on the day mentioned in the certificate;
(e) a certificate signed by the National Regulator and stating that:
 (i) for section 27, the further time mentioned in the certificate for payment of the infringement notice penalty was granted; and
 (ii) the infringement notice penalty was not paid in accordance with the notice or within the further time.
       (2) A certificate that purports to have been signed by the National Regulator or a marine safety inspector is taken to have been signed by that person unless the contrary has been proved.

36 Infringement notice not compulsory etc
        Nothing in this Division is taken:
(a) to require that a person suspected of having committed an offence mentioned in Schedule 1 be given an infringement notice; or
(b) to affect the liability of a person to be prosecuted for an alleged offence, if:
 (i) an