Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p95
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 95/100)
Character Range: 286856–289357

penalty stated in an infringement notice must be paid:
 (a) within 28 days after the day on which the notice is served on the person to whom it is issued; or
 (b) if the person applies for a further period of time in which to pay the penalty, and that application is granted—within the further period allowed; or
 (c) if the person applies for a further period of time in which to pay the penalty, and the application is refused—within 7 days after the notice of the refusal is served on the person; or
 (d) if the person applies for the notice to be withdrawn, and the application is refused—within 28 days after the notice of the refusal is served on the person.

11.40  Extension of time to pay penalty
 (1) The person to whom an infringement notice is issued (the recipient) may apply, in writing, to the Secretary for a further period of up to 28 days in which to pay the penalty stated in the notice.
 (2) Within 14 days after receiving the application, the Secretary:
 (a) must grant or refuse a further period not longer than the period sought; and
 (b) must notify the recipient in writing of the decision and, if the decision is a refusal, the reasons for it.
 (3) Notice of the decision may be served on the recipient in any way in which the infringement notice could have been served on the recipient.

11.45  Payment of penalty
 (1) An infringement notice penalty is not paid until the whole of the amount of the penalty has been received by the Commonwealth.
 (2) In particular, if the Commonwealth accepts a cheque in payment of a penalty or part of a penalty, the penalty is not paid until the cheque has been honoured.

11.50  Effect of payment of penalty
 (1) If the person to whom an infringement notice is issued for an offence pays the penalty stated in the notice:
 (a) any liability of the person for the offence is discharged; and
 (b) the person may not be prosecuted in a court for the offence; and
 (c) the person is not taken to have been convicted of the offence.
 (2) If 2 or more infringement notices are issued to a person for the same offence, the person's liability to be prosecuted for the offence ceases if the person pays the penalty stated in any of the notices.

11.55  Withdrawal of infringement notice
 (1) Before the end of 28 days after receiving an infringement notice, a person may apply, in writing, to the Secretary for the infringement notice to be withdrawn.
 (2) The application must set out the facts or matters that the person believes the Secretary