23ABPayment of fine before vehicle or vessel offence nomination made—other cases

#### 23AB Payment of fine before vehicle or vessel offence nomination made—other cases 23AB Payment of fine before vehicle or vessel offence nomination made—other cases > > (1) This section applies if— > > > > > (a) a penalty notice is issued for a vehicle or vessel offence, and > > > > > (b) the amount payable under the penalty notice for the offence was paid before a nomination notice was given in respect of the offence, and > > > > > (c) section 23AA does not apply. > > > (2) An appropriate officer for the penalty notice may withdraw the notice. > > > (3) If the penalty notice is withdrawn— > > > > > (a) the amount that was payable under the notice ceases to be payable, and > > > > > (b) any amount that has been paid under the notice is repayable to the person by whom it was paid, and > > > > > (c) further proceedings in respect of the vehicle or vessel offence may be taken against any person (including the person to whom the notice was issued). > > > (4) Any action taken to record demerit points against a person to whom the penalty notice was issued in the NSW demerit points register kept under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) because of the payment of the amount is to be reversed, and any driver licence affected as a consequence of the recording of the demerit points is to be restored (subject to any other matters affecting the licence), by Transport for NSW. > > > (5) This section applies despite section 22A (1). > > > (6) Nothing in this section requires an appropriate officer to withdraw a penalty notice. > > > (7) In this section— > > > > nomination notice means— > > > > > (a) an approved nomination notice within the meaning of section 38 (whether given under this Act or another Act), or > > > > > (b) a relevant nomination document within the meaning of Division 2 of Part 7.3 of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) (whether given under that Act or another Act). > > **s 23AB:** Ins 2016 No 13, Sch 1 \[1\]. Am 2016 No 39, Sch 1 \[12\] \[13\].