23FMatters not to be taken into account in determining penalty

#### 23F Matters not to be taken into account in determining penalty (1) This regulation applies if a person served with an infringement notice: (a) elects not to pay the infringement notice penalty; and (b) is found by a court to have committed the offence or contravened the civil penalty provision mentioned in the infringement notice. (2) In determining the penalty to be imposed, the court must not take into account the fact that the person chose not to pay the infringement notice penalty.