23APerson may elect to have matter dealt with by court

#### 23A Person may elect to have matter dealt with by court 23A Person may elect to have matter dealt with by court > > (1) A person alleged to have committed or to be guilty of the offence to which a penalty notice relates— > > > > > (a) has the right to elect to have the matter dealt with by a court instead of under the statutory provision providing for the issue of the penalty notice, and > > > > > (b) may make that election— > > > > > > > (i) in the manner specified in that statutory provision, or > > > > > > > (ii) if no manner is specified in that statutory provision—in the manner specified in the penalty notice, or > > > > > > > (iii) if no manner is specified in that statutory provision or in the penalty notice—in the manner specified by the regulations. > > > (2) A person may make such an election even if the whole or part of the amount payable under the penalty notice has been paid. > > > (2A) If the whole of the amount payable under the penalty notice has been paid, such an election may not be made later than 90 days after the penalty notice was issued. > > > (2B) Despite subsection (2A), a person may make such an election at any time while a review under Division 2A of the decision to issue the penalty notice is in progress. > > > (2BA) If a person elects to have a matter dealt with by a court while a review under Division 2A is in progress, court proceedings must not be taken unless, following the review, the reviewing agency confirms the decision to issue the penalty notice. > > > (2C) Despite subsection (2A), if a reviewing agency confirms the decision to issue the penalty notice, such an election may not be made later than 28 days after the outcome of the review has been notified under section 24E. > > > (2D) This section does not apply if a penalty reminder notice has been served in respect of the offence. > > > > Note. > > > > Sections 35 and 36 provide for the right to elect to have a matter dealt with by a court, and the making of and timing for an election, if a penalty reminder notice is served under section 24F or 26. > > > (3) If a person elects under this section to have a matter dealt with by a court after any amount payable under the penalty notice has been paid— > > > > > (a) section 22A (1) ceases to apply in relation to the person, and > > > > > (b) any action taken to record demerit points against the person in the NSW demerit points register kept under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) because of that payment is to be reversed by Transport for NSW, and > > > > > (c) the amount that has been paid under the penalty notice is repayable to the person by whom it was paid. > > **s 23A:** Ins 2008 No 40, Sch 1 \[4\]. Am 2011 No 41, Sch 5.6 \[1\]; 2012 No 61, Sch 1 \[1\]–\[3\]; 2013 No 19, Sch 4.21 \[3\]; 2016 No 39, Sch 1 \[14\] \[15\]; 2018 No 11, Sch 3.2 \[4\] \[5\].