46Appeal against refusal of application by Fines Recovery Unit

46 Appeal against refusal of application by Fines Recovery Unit (1) If the Fines Recovery Unit refuses an application for annulment, wholly or partially, the applicant may apply in the approved form to have the original application (to the extent of the refusal) determined by the Local Court. (2) A registrar the Local Court must list the matter for hearing and notify the applicant and the parties interested as to the date, time and place on or at which the application is to be determined. (3) When dealing with an application for annulment, the Local Court may stay enforcement action under the penalty enforcement order subject to the terms and conditions that the Court thinks fit. (4) The Local Court may proceed to determine an application under this section despite any omission or error in or failure of service of a notice to the parties about the time and place of the hearing of the application if: (a) the Court is satisfied that the applicant and the parties interested and concerned had knowledge of the date, time and place on or at which the application was to be determined and were not prejudiced by the omission, error or failure of service; or (b) the Court is satisfied that the applicant is avoiding service of the notice or cannot after reasonable search and inquiry be found. (5) The Local Court is to determine the application in accordance with this Division and may make any decision that the Fines Recovery Unit could have made under section 44(4). Fines and Penalties (Recovery) Act 2001 24 (6) In this Division, if the applicant was a youth at the time the alleged offence the subject of an infringement notice to which the penalty enforcement order relates was committed, a reference to the Local Court is to be taken to be a reference to the Youth Justice Court.