25What can an enforcement agency decide on review?

25 What can an enforcement agency decide on review?

S. 25(1) amended by No. 29/2016 s. 66(1).

(1) Subject to subsections (2) and (2A), after reviewing a decision under section 24, an enforcement agency may—

(a) confirm the decision to serve an infringement notice;

(b) withdraw the infringement notice and serve an official warning in place of the infringement notice;

(c) withdraw the infringement notice;

S. 25(1)(d) amended by Nos 32/2006 s. 16(2), 68/2009 s. 97(Sch. item 70.5).

(d) withdraw the infringement notice and refer the matter to the Court in accordance with this Part or, in the case of an infringement notice served on a child, withdraw the infringement notice and file a charge-sheet and summons in the Children's Court for the matter to be dealt with in that Court;

S. 25(1)(e) amended by No. 32/2006 s. 16(3).

(e) in the case of an infringement offence involving additional steps, alter or vary those steps provided the alteration or variation is consistent with the Act or other instrument establishing the offence;

S. 25(1)(f) amended by No. 59/2017 s. 114.

(f) waive all or any penalty reminder notice fees;

(g) approve a payment plan;

(h) do any combination of any of the actions referred to in paragraphs (a) to (g).

(2) In the case of an application made under section 22(1)(b) on the grounds that special circumstances apply to the person served with the infringement notice, after reviewing a decision under section 24, an enforcement agency may—

(a) confirm the decision to serve an infringement notice;

(b) withdraw the infringement notice and serve an official warning in place of the infringement notice;

(c) withdraw the infringement notice.

S. 25(2A) inserted by No. 29/2016 s. 66(2).

(2A) In the case of an application made under section 22(1)(d) on the grounds that the person was unaware of the infringement notice having been served, after reviewing a decision under section 24, an enforcement agency may—

(a) grant the application if satisfied that, more than 14 days before applying under section 22(1)(d), the applicant was not in fact aware that the infringement notice had been served; or

(b) refuse the application if not satisfied that, more than 14 days before applying under section 22(1)(d), the applicant was not in fact aware that the infringement notice had been served.

S. 25(3) amended by Nos 32/2006 s. 16(4), 68/2009 s. 97(Sch. item 70.6), substituted by Nos 29/2016 s. 66(2), 47/2014 s. 217(3) (as amended by Nos 29/2016 s. 50(2), 59/2017 s. 98(1)(2)).