189Effect of this Division on criminal and civil proceedings

189 Effect of this Division on criminal and civil proceedings

This Division does not: (a) require an infringement notice to be given in relation to an alleged contravention of an infringement notice provision; or (b) affect the liability of a person to have: (i) criminal proceedings brought against the person for an alleged contravention of subsection 53(1), 74(2), (4), (6) or (8) or 76A(3), (5), (7) or (9); or (ii) section 175 proceedings brought against the person for an alleged contravention of an infringement notice provision; if: (iii) the person does not comply with an infringement notice relating to the contravention; or (iv) an infringement notice relating to the contravention is not given to the person; or (v) an infringement notice relating to the contravention is given to the person and subsequently withdrawn; or (c) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who: (i) is found in criminal proceedings to have contravened subsection 53(1), 74(2), (4), (6) or (8) or 76A(3), (5), (7) or (9); or (ii) is found in section 175 proceedings to have contravened an infringement notice provision.