Document ID: chunk:federal_register_of_legislation:F2024C01119:front:0:p15
Version: federal_register_of_legislation:F2024C01119
Segment Type: other
Provision Reference: 
Character Range: 34989–37721

notice penalty by instalments, only if the person makes payments in accordance with the arrangement.

34 Admissions under subsection 30(2)
        Evidence of an admission made by a person in an application under subsection 30(2) is inadmissible in proceedings against the person for the alleged contravention.

35 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 found by an eligible court to have contravened the civil penalty provision 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.

36 Evidence for hearing
       (1) At the hearing of proceedings for an alleged contravention mentioned in an infringement notice, the following certificates are evidence of the facts stated in the certificate:
(a) a certificate signed by AMSA or an inspector stating that:
 (i) the notice was given to the person alleged to have done the contravention; and
 (ii) the infringement notice penalty has not been paid in accordance with this Division;
(b) a certificate signed by AMSA or an inspector and stating that the notice was withdrawn on a day mentioned in the certificate;
(c) a certificate signed by AMSA and stating that:
 (i) a further period was refused, under section 28, 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 AMSA 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 AMSA and stating that:
 (i) for section 28, 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 AMSA or an inspector is taken to have been signed by that person unless the contrary has been proved.

37 Infringement notice not compulsory etc
        Nothing in this Division is taken:
(a) to require that a person suspected of having contravened a civil penalty provision in the Navigation Act be given an infringement notice; or
(b) to affect the liability of a person to be prosecuted for an alleged contravention, if:
 (i) an infringement notice is not given to the person for the contravention; or
 (ii) an infringement notice is given, and withdrawn; or
(c) to limit the penalty that may be imposed by