44Determination of application by Fines Recovery Unit

44 Determination of application by Fines Recovery Unit (1) If an application for annulment of a penalty enforcement order is made and the Fines Recovery Unit is satisfied that: (a) the person was not aware that an infringement notice had been issued until the enforcement order was made; or (b) the person was hindered by accident, illness, misadventure or other cause from taking action in relation to the infringement notice; or (c) in the circumstances of the case – there is other just cause why the application should be granted; the Unit must annul the order. (2) An application for annulment is to be dealt with by the Fines Recovery Unit in the absence of the parties unless the Unit otherwise directs. Fines and Penalties (Recovery) Act 2001 22 (3) If the Fines Recovery Unit is dealing with an application for annulment of a penalty enforcement order, the Unit may stay enforcement action under the order subject to the terms and conditions that the Unit thinks fit. (4) In determining an application for annulment the Fines Recovery Unit may: (a) grant the application completely; or (b) grant the application only to the extent of some of the infringement notices to which the application order relates; or (c) refuse the application.