24Review by enforcement agency

24 Review by enforcement agency

S. 24(1) amended by No. 29/2016 s. 65(1).

(1) If an enforcement agency receives an application for review on a ground specified in section 22(1)(a), (b) or (c), the enforcement agency must—

(a) review the decision to serve an infringement notice on the person; and

(b) suspend any procedures that are being used for the enforcement of the infringement penalty in respect of the infringement offence until—

(i) the review is complete; and

(ii) the applicant is sent advice of the outcome.

S. 24(1A) inserted by No. 29/2016 s. 65(2).

(1A) If an enforcement agency receives an application for review on the ground specified in section 22(1)(d), the enforcement agency must—

(a) review whether it is likely that, more than 14 days before applying under section 22(1)(d), the person was not in fact aware that the infringement notice had been served; and

(b) suspend any procedures that are being used for the enforcement of the infringement penalty in respect of the infringement offence until—

(i) the review is complete; and

(ii) the applicant is sent advice of the outcome of the review under subsection (3)(b).

(2) An enforcement agency must ensure that a review under this section is conducted by a person who was not involved in making the decision to serve the infringement notice which is the subject of the review.

S. 24(3) substituted by No. 32/2006 s. 16(1).

(3) An enforcement agency must—

(a) review a decision—

(i) within the prescribed time; or

S. 24(3)(a)(ii) substituted by No. 9/2008 s. 13.

(ii) if an enforcement agency requests additional information under section 23, within the prescribed period referred to in subparagraph (i) plus 35 days, whether or not the additional information was received by the agency; and

(b) within 21 days of deciding the review, serve on the applicant a written notice advising of the outcome of the review.

(4) If an enforcement agency fails to comply with subsection (3), the infringement notice is deemed to be withdrawn.

(5) Nothing in this section limits the power of an enforcement agency to review a decision to serve an infringement notice on any other basis.