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Fines and Penalties (Recovery) Act 2001
45Notice of determination
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45 Notice of determination
(1) The Fines Recovery Unit must give notice of the determination of
an application for annulment to the applicant and the enforcement
agency concerned.
(2) The notice of determination of an application is to advise the
applicant:
(a) if the application for annulment is refused completely or to the
extent of some of the infringement notices to which the
application relates:
(i) that the applicant may appeal the decision by making
application to the Local Court in accordance with
section 46; and
(ii) that, on the listing of the matter with the Local Court, any
suspension under Division 7 of a licence to drive or
vehicle registration is lifted pending determination of the
matter unless the suspension is also in respect of
another enforcement order or the application for
annulment was in respect of only some of the
infringement notices to which the penalty enforcement
order relates; or
(b) if the application for annulment is granted completely or only
to the extent of some of the infringement notices to which the
penalty enforcement order relates:
(i) that the person has 10 days from the date of the notice
in which to pay at the place specified the penalty under
any relevant infringement notice; and
Fines and Penalties (Recovery) Act 2001 23
(ii) that, if the penalty is paid within that time, the alleged
offence is expiated and no further proceedings can be
taken in relation to the offence; and
(iii) that, if the penalty is not paid within that time, the matter
will be listed with the Local Court for a hearing in relation
to the alleged offence that gave rise to the relevant
infringement notice.
(3) A matter must be listed with the Local Court in accordance with
subsection (2)(b)(iii) within 6 months after the granting of the
application for annulment.