Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:46:p5
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 46 (pt 5/19)
Character Range: 355768–358521

person makes payments in accordance with the arrangement.

14.10  Admissions under paragraph 14.03(2)(h)
  Evidence of an admission made by a person in a notice under paragraph 14.03(2)(h) is inadmissible in proceedings against the person for the alleged offence.

14.11  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.

14.12  Evidence for hearing
 (1) At the hearing of a prosecution for an offence mentioned in an infringement notice, the following certificates are evidence of the facts stated in the certificate:
 (a) a certificate signed by a ranger or an authorised officer and stating that:
 (i) the infringement notice was served on the alleged offender; and
 (ii) the infringement notice penalty has not been paid in accordance with this Division;
 (b) a certificate signed by a ranger or an authorised officer and stating that the notice was withdrawn on a day specified in the certificate;
 (c) a certificate signed by the Director or Secretary and stating that:
 (i) a further period was refused, under regulation 14.05, 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 the Director or Secretary and stating that a notice, a copy of which is attached to the certificate, was served on the date mentioned in the certificate by securely placing it in a conspicuous position on the vehicle;
 (e) a certificate signed by the Director or Secretary and stating that:
 (i) for regulation 14.05, 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 the Director or Secretary, a ranger or an authorised officer is taken to have been signed by that officer unless the contrary is proved.

14.13  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.

14.14  Infringement notice not compulsory, etc
  Nothing in this Division is to be taken to:
 (a) require that a person suspected of having contravened section 142B