Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p36
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 89955–92770

offence mentioned in the notice is alleged to have been committed; and
 (c) whether the person has been convicted previously of an offence against these Regulations; and
 (d) whether an infringement notice has previously been given to the person for an offence of the same kind as the offence mentioned in the notice; and
 (e) any other matter the Secretary considers relevant to the decision.

8.07  Payment of penalty if infringement notice not withdrawn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

8.08  Effect of payment of infringement notice penalty
 (1) If a person served with an infringement notice pays the infringement notice penalty in accordance with this Division:
 (a) the person's liability in respect of the offence is discharged; and
 (b) further proceedings cannot be taken against the person for the offence; and
 (c) the person is not convicted of the offence.
 (2) Subregulation (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.

8.09  Admissions under paragraph 8.03(2)(h)
  Evidence of an admission made by a person in a notice under paragraph 8.03(2)(h) is inadmissible in proceedings against the person for the alleged offence.

8.10  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.

8.11  Refund of infringement notice penalty if notice withdrawn
  If an infringement notice penalty is paid in accordance with an infringement notice that is subsequently withdrawn, an airport environment officer must arrange for payment of an amount equal to the amount so paid, in refund to the person who paid the penalty.

8.12  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 environment officer and stating:
 (a) that the infringement notice was duly 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 environment officer and stating that the notice was withdrawn on a