48Proceedings for alleged offence if enforcement order annulled

48 Proceedings for alleged offence if enforcement order annulled (1) If a penalty enforcement order is annulled by a court or is annulled by the Fines Recovery Unit and referred to the Local Court under section 47(3), the Local Court must, either immediately or at a later sitting, hear and determine the substantive matter of the alleged offence that gave rise to the relevant infringement notice to which the penalty enforcement order related as if no penalty enforcement order had been made. (2) The matter is not to be heard and determined if the penalty under the relevant infringement notice is paid on the annulment of the order. (3) For the purposes of hearing and determining the matter: (a) the relevant infringement notice and the notice of the making of the penalty enforcement order under Division 5 are together taken: (i) to be a complaint in relation to the alleged offence; and (ii) to have been filed when the notice of the making of the order was served on the fine defaulter; and (iii) to have been filed by the appropriate officer who issued the infringement notice; and (b) the appropriate officer mentioned in paragraph (a)(iii), or another appropriate officer nominated by that person, is taken to be the complainant.