17Enforcement agency can refer matter to Court or Children's Court

17 Enforcement agency can refer matter to Court or Children's Court

S. 17(1) amended by No. 32/2006 s. 12(2), substituted by No. 47/2014 s. 212(1) (as amended by No. 59/2017 s. 95).

(1) Subject to subsection (3), an enforcement agency may refer a matter for which an infringement notice has been served to the Court—

(a) at any time before the outstanding amount of the infringement penalty together with any penalty reminder notice fee are registered with the Director under the Fines Reform Act 2014; or

(b) if the infringement notice is in respect of a non-registrable infringement offence, at any time before the expiry of the period for commencing a proceeding in relation to the offence to which the infringement notice relates.

(2) This section does not apply to infringement offences to which the following provisions apply—

S. 17(2)(a) amended by No. 32/2006 s. 12(3).

S. 17(2)(b) amended by No. 6/2010 s. 203(1)
(Sch. 6 item 26.3) (as amended by No. 45/2010 s. 22), substituted by No. 29/2016 s. 97, repealed by No. 41/2019 s. 117(Sch. 1 item 7.2).

S. 17(2)(c) amended by No. 65/2010 s. 420(Sch. 3 item 8).

S. 17(3) inserted by No. 32/2006 s. 12(4), amended by No. 68/2009 s. 97(Sch. item 70.4).

(3) In the case of an infringement notice served on a child, an enforcement agency may withdraw the infringement notice and file a charge-sheet and summons in the Children's Court for the matter to be dealt with at any time—

S. 17(3)(a) amended by No. 48/2006 ss 40(2), 42(Sch. item 18.3).

(a) in the case of an infringement offence for which an infringement penalty may be registered under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005, before an enforcement order under that Schedule is made;

S. 17(3)(b) amended by No. 47/2014 s. 212(2).

(b) in the case of any other infringement offence, before the expiry of the period for commencing a proceeding in relation to the offence to which the infringement notice relates.