439Exceptions to requirement to pay fees and penalties into the Consolidated Fund

439 Exceptions to requirement to pay fees and penalties into the Consolidated Fund S. 439(1) substituted by No. 36/2022 s. 62(1). (1) Any fee paid under this Act to a council is not required to be paid into the Consolidated Fund and may be retained by the council. S. 439(2) amended by No. 36/2022 s. 62(2). (2) Any penalty for an offence or an infringement offence under this Act (other than Part 6.3) or the regulations where a prosecution was undertaken, or an infringement notice was issued by a person authorised for that purpose by a council, is not required to be paid into the Consolidated Fund and must be paid to the council once the penalty has been recovered. S. 439(3) inserted by No. 36/2022 s. 62(3). (3) Any civil penalty for a contravention of a civil penalty provision under this Act (other than Part 6.3) or the regulations payable in respect of a proceeding taken by a council as a delegate of the Authority, is not required to be paid into the Consolidated Fund and must be paid to the council once the penalty has been recovered. S. 439(4) inserted by No. 36/2022 s. 62(3). (4) A fee specified in subsection (5) charged by an approved motor vehicle tester is not required to be paid into the Consolidated Fund and may be retained by that approved motor vehicle tester. S. 439(5) inserted by No. 36/2022 s. 62(3). (5) For the purposes of subsection (4), the following fees are specified— (a) a fee for inspecting, measuring or testing a motor vehicle to determine compliance with the regulations in relation to emissions from motor vehicles; (b) a fee for issuing a certificate of compliance with the regulations in relation to emissions from motor vehicles. S. 440 inserted by No. 39/2018 s. 18 (as amended by Nos 27/2019 ss 32−40, 3/2020 ss 45, 46, 47/2020 s. 27).