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Magistrates Court Act 1930
125Effect of payment of infringement notice penalty
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125 Effect of payment of infringement notice penalty
(1) This section applies—
(a) if—
(i) a person has been served with an infringement notice for
an offence; and
(ii) one of the following things happens:
(A) the person pays the infringement notice penalty for
the offence in accordance with this part;
(B) the person enters into an infringement notice
management plan for the infringement notice penalty
for the offence or the penalty is added to the person’s
infringement notice management plan;
(C) the administering authority waives the infringement
notice penalty for the offence; and
(iii) when the thing happened—
(A) the infringement notice had not been withdrawn; and
(B) a proceeding had not been brought against the person
for the offence; or
(b) if—
(i) more than 1 infringement notice for the same infringement
notice offence has been served on a person and none of the
infringement notices has been withdrawn; and
(ii) one of the following things happens:
(A) the person pays the infringement notice penalty for
the offence in accordance with this part, in relation to
1 of the notices;
(B) the person enters into an infringement notice
management plan for the infringement notice penalty
for the offence, or the penalty is added to the person’s
infringement notice management plan, in relation to
1 of the notices;
(C) the administering authority waives the infringement
notice penalty for the offence in relation to 1 of the
notices.
Note Section 127 (Withdrawal of infringement notice) provides for the
withdrawal at any time of an infringement notice that has been served on
a person. If s 125 applied to the infringement notice offence, it ceases to
apply, and is taken never to have applied, on the withdrawal of the notice
(see s 127 (4)).
(2) If this section applies—
(a) any liability of the person for the offence is discharged; and
(b) the person must not be prosecuted in a court for the offence; and
(c) the person is not taken to have been convicted of the offence.
(3) This section is subject to section 127 (Withdrawal of infringement
notice) and section 131ACB (Infringement notice management
plan—effect of cancellation).