74Extension of time to pay

74 Extension of time to pay

Application (1) A person to whom an infringement notice has been given may apply in writing (whether before or after the end of the 28‑day period mentioned in section 73) to the airport building controller who gave the notice or the Secretary requesting: (a) a further period for payment of the infringement notice penalty; or (b) permission for an arrangement for payment of the amount of the infringement notice penalty by instalments. The person who receives the request is the decision‑maker. (2) An application made after the end of the 28‑day period must include a statement explaining why the alleged offender could not deal with the notice within that period. (3) On receiving an application, the decision‑maker must grant or refuse the request. (4) The decision‑maker may extend the period for payment of an infringement notice more than once. Notice of decision (5) The decision‑maker must give the person notice, in writing, of a decision under subsection (3). (6) If the decision is to grant the request, the notice of the decision must state the following: (a) the person’s name and address; (b) the day the infringement notice was given; (c) the identifying number of the infringement notice; (d) the day the request was made; (e) the details of the request; (f) the day the request was granted; (g) if the request was for a further period for payment of the infringement notice penalty—the further period that is granted; (h) if the request was for permission for an arrangement for payment of the amount of the infringement notice penalty by instalments—the details of the arrangement that is granted; (i) that, if the amount of the infringement notice penalty is paid within the period specified in section 73, the person will not be prosecuted for the alleged offence; (j) that, if that amount is not so paid, the person may be prosecuted for the alleged offence. (7) If the decision is to refuse to grant the request, the notice of the decision must: (a) state the following: (i) the information mentioned in paragraphs (6)(a) to (e); (ii) that, if the amount of the infringement notice penalty is paid within the period specified in section 73, the person will not be prosecuted for the alleged offence; (iii) that, if that amount is not so paid, the person may be prosecuted for the alleged offence; and (b) be accompanied by the reasons for the decision.