220Child to be released from obligation to pay an infringement penalty

220 Child to be released from obligation to pay an infringement penalty

(1) If an infringement notice has been served on a child for conduct that is alleged to have occurred when the child was 10 or 11 years of age and immediately before the commencement day, the infringement penalty stated in the infringement notice has not been fully paid, on the commencement day—

(a) the child is, by virtue of this section, taken not to have committed the alleged infringement offence; and

(b) the enforcement agency must withdraw the infringement notice; and

(c) the infringement penalty must be removed from any payment plan arranged under Part 3 for the payment of the infringement penalty; and

(d) the child must be unconditionally released from any obligation to pay the infringement penalty and any fee related to the infringement penalty.

(2) If an infringement notice is taken to be withdrawn under subsection (1) and part of the infringement penalty and fee (if any) has been paid under a payment plan arranged under Part 3, the amount paid under the payment plan in respect of the penalty and fee (if any) must be refunded and either—

(a) if the penalty and fee (if any) have been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, to be appropriated accordingly; or

(b) if the penalty and fee (if any) have been paid into another fund or account, the penalty and fee (if any) are to be refunded from that fund or account.

S. 221 inserted by No. 32/2024 s. 834.