77Matter not to be taken into account in determining sentence

77 Matter not to be taken into account in determining sentence

(1) This section 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.