32Expiating the offence

32 Expiating the offence

S. 32(1) substituted by No. 29/2016 s. 68(1), amended by Nos 59/2017 s. 117(1), 17/2022 s. 70.

(1) This section applies if an infringement notice is not withdrawn and the infringement penalty and any relevant fee are—

(a) paid within the period specified in the notice or late payment is accepted in accordance with section 15; or

S. 32(1)(b) amended by No. 11/2021 s. 193(1)(a).

(b) satisfied by the completion of a work and development permit; or

S. 32(1)(c) inserted by No. 11/2021 s. 193(1)(b).

(c) waived by the Director when the Director waives the outstanding amount of a relevant infringement fine under section 171AD of the Fines Reform Act 2014.

S. 32(1A) inserted by No. 29/2016 s. 68(1), amended by No. 59/2017 s. 117(2), substituted by No. 11/2021 s. 193(2).

(1A) The person on whom the notice was served has (as appropriate)—

(a) subject to subsection (2) and any other Act—

S. 32(1A)(a)(i) amended by No. 17/2022 s. 70.

(i) expiated the offence by payment of the infringement penalty and any relevant fee; or

(ii) expiated the offence by completion of the work and development permit; or

(b) expiated the offence by being taken to have served a term of imprisonment in default of payment in accordance with section 171AE of the Fines Reform Act 2014 and any additional steps specified in the notice are not required to be complied with by the person.

S. 32(2) amended by No. 11/2021 s. 193(3).

(2) In the case of an infringement notice involving additional steps in the circumstances specified in subsection (1A)(a), a person has expiated the offence when—

S. 32(2)(a) substituted by No. 29/2016 s. 68(2), amended by Nos 59/2017 s. 117(3), 17/2022 s. 70.

(a) the infringement penalty and any relevant fee are—

(i) paid within the period specified in the notice or late payment is accepted in accordance with section 15; or

(ii) satisfied by completion of a work and development permit; and

S. 32(2)(b) amended by No. 32/2006 s. 20(a).

(b) the additional steps are complied with as required by the Act or other instrument that creates the offence.

(3) An infringement penalty paid under this Part must be applied in the same way as a fine paid under an order of a court made on an offender being convicted or found guilty of the offence to which the infringement penalty relates.