36How a person may elect to have matter dealt with by court

#### 36 How a person may elect to have matter dealt with by court 36 How a person may elect to have matter dealt with by court > > (1) A person may elect to have a matter dealt with by a court by serving on the appropriate officer or other person or body specified in the penalty reminder notice a written statement that the person so elects. > > > (1A) A person may make such an election even if the whole or part of the amount payable under the penalty notice has been paid. > > > (2) Such an election may not be made later than the due date specified in the penalty reminder notice for payment in relation to the offence concerned. > > > (2A) Despite subsection (2), a person may make an election at any time while a review under Division 2A of the decision to issue the penalty notice is in progress, provided the person applied for the review on or before the due date specified in the penalty reminder notice for payment in relation to the offence concerned. > > > (3) A statement under this section may be served on a person personally or by post, by means of document exchange, by electronic means approved by the Commissioner or in any other manner prescribed by the regulations. > > > (4) The regulations may make provision for or with respect to the form of written statements under this section. > > > (5) 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 36:** Am 1998 No 35, Sch 1 \[13\]; 2008 No 40, Sch 1 \[10\] \[11\]; 2008 No 62, Sch 1.7; 2011 No 41, Sch 5.6 \[1\]; 2012 No 61, Sch 1 \[3\] \[7\]–\[9\]; 2013 No 19, Sch 4.21 \[5\]; 2016 No 39, Sch 1 \[21\]; 2019 No 13, Sch 1\[22\] \[23\].