Document ID: chunk:federal_register_of_legislation:C2025C00044:section:189
Version: federal_register_of_legislation:C2025C00044
Segment Type: section
Provision Reference: s 189
Character Range: 430918–432130

189  Effect of this Division on criminal and civil proceedings
  This Division does not:
 (a) require an infringement notice to be given in relation to an alleged contravention of an infringement notice provision; or
 (b) affect the liability of a person to have:
 (i) criminal proceedings brought against the person for an alleged contravention of subsection 53(1), 74(2), (4), (6) or (8) or 76A(3), (5), (7) or (9); or
 (ii) section 175 proceedings brought against the person for an alleged contravention of an infringement notice provision;
  if:
 (iii) the person does not comply with an infringement notice relating to the contravention; or
 (iv) an infringement notice relating to the contravention is not given to the person; or
 (v) an infringement notice relating to the contravention is given to the person and subsequently withdrawn; or
 (c) limit a court's discretion to determine the amount of a penalty to be imposed on a person who:
 (i) is found in criminal proceedings to have contravened subsection 53(1), 74(2), (4), (6) or (8) or 76A(3), (5), (7) or (9); or
 (ii) is found in section 175 proceedings to have contravened an infringement notice provision.

Division 4—Monitoring of compliance