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Fines and Penalties (Recovery) Act 2001
48Proceedings for alleged offence if enforcement order annulled
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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.