Document ID: chunk:federal_register_of_legislation:F2013L00871:front:0:p11
Version: federal_register_of_legislation:F2013L00871
Segment Type: other
Provision Reference: 
Character Range: 24390–27222

of penalty if infringement notice not withdrawn
       If AMSA refuses to withdraw an infringement notice, the applicant for withdrawal must pay the infringement notice penalty before the end of the 28 days after receiving notice of the refusal.

32 Effect of payment of infringement notice penalty
       32.1If a person who is given an infringement notice pays the infringement notice penalty in accordance with this Division:
(a) the person's liability for the contravention is discharged; and
(b) further civil proceedings cannot be taken against the person for the contravention; and
(c) the person is not taken to have done the contravention.
       32.2Subsection 32.1 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 contravention.

34 Matter not to be taken into account in determining penalty
       34.1This 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.
       34.2In 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
       35.1At 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(b) a certificate signed by AMSA or an inspector and stating that the notice was withdrawn on a day mentioned in the certificate;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 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 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 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.
       35.2A certificate that