Document ID: chunk:federal_register_of_legislation:F2024C00986:reg:1:p34
Version: federal_register_of_legislation:F2024C00986
Segment Type: reg
Provision Reference: reg 1 (pt 34/35)
Character Range: 89592–92308

made by a person in a notice under paragraph 5.03(2)(h) is inadmissible in proceedings against the person for the alleged offence.

5.10  Matter not to be taken into account in determining sentence
 (1) This regulation applies if a person served with 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 infringement 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.

5.11  Refund of infringement notice penalty if notice withdrawn
  If an infringement notice penalty is paid in accordance with an infringement notice that is subsequently withdrawn, an airport building controller must arrange to refund an amount equal to the amount so paid to the person who paid the penalty.

5.12  Evidence for hearing
 (1) At the hearing of a prosecution for an alleged offence specified in an infringement notice, a certificate signed by an airport building controller and stating:
 (a) that the infringement notice was served on the alleged offender; and
 (b) that the infringement notice penalty has not been paid in accordance with this Division;
is evidence of those facts.
 (2) At the hearing of a prosecution for an alleged offence specified in an infringement notice, a certificate signed by an airport building controller and stating that the notice was withdrawn on a day specified in the certificate is evidence of that fact.
 (3) A certificate that purports to have been signed by an airport building controller is taken to have been signed by that officer unless the contrary is proved.

5.13  Payment of penalty by cheque
  If a cheque is given to the Commonwealth in payment of all or part of the amount of an infringement notice penalty, the payment is taken not to have been made unless the cheque is honoured on presentation.

5.14  Infringement notice not compulsory, etc
  Nothing in this Division is to be taken to:
 (a) require that a person suspected of having contravened a provision of Part 5 of the Act be served an infringement notice; or
 (b) affect the liability of a person to be prosecuted for an alleged offence, if:
 (i) an infringement notice is not served on the person for the offence; or
 (ii) an infringement notice is served, and withdrawn; or
 (c) limit the penalty that may be imposed by a court on a person convicted of an offence.

Part 6—Miscellaneous

6.01  Review by Administrative Review Tribunal
  Subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal by a person described in an item in