131Additional information in reminder notices

131 Additional information in reminder notices (1) The reminder notice must also tell the person on whom it is served (a) the infringement notice penalty for the offence has not been paid; and (b) the infringement notice has not been withdrawn; and (c) written notice disputing liability has not been received by the administering authority from the person for the offence; and (d) the infringement notice penalty for the offence has been increased by the amount payable by the person for the cost of serving the reminder notice; and (e) within the required time after the reminder notice is served on the person, the person may do 1 or more of the following things: (i) pay the infringement notice penalty now payable for the offence; (ii) apply to the administering authority for— (A) an infringement notice management plan; or (B) if the person has an infringement notice management plan—the addition of the infringement notice penalty to the plan; or (C) waiver of the infringement notice penalty; (iii) dispute liability for the offence; (iv) apply to the administering authority for additional time to do the thing; and (f) the infringement notice may be withdrawn before or after the penalty is paid; and (g) if the person pays the penalty within the required time or the penalty is waived, then, unless the infringement notice is withdrawn and any penalty refunded— (i) any liability of the person for the offence is discharged; and (ii) the person will not be prosecuted in court for the offence; and (iii) the person will not be taken to have been convicted of the (h) if the person wishes to dispute liability for the offence, the issue may be referred to the Magistrates Court; and (i) if the Magistrates Court finds against the person or the person is prosecuted in court for the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to other court orders; and (j) if the person does not pay the infringement notice penalty, apply to have the penalty waived or dispute liability for the offence within the required time, the person may be prosecuted for the (2) In addition, the reminder notice must— (a) explain how the person may pay the infringement notice penalty or dispute liability for the offence; and (b) explain how the person may apply for— (i) an infringement notice management plan; or (ii) if the person has an infringement notice management plan—the addition of the infringement notice penalty to the plan; or (iii) waiver of the infringement notice penalty; and (c) explain how the person may apply for additional time to— (i) pay the infringement notice penalty; or (ii) apply for 1 of the following: (A) an infringement notice management plan; (B) if the person has an infringement notice management plan—the addition of the infringement notice penalty to the plan; (C) waiver of the infringement notice penalty; or (iii) dispute liability for the offence. the required time, for a person to do something mentioned in this section, means— (a) 28 days after the day the reminder notice for the offence was served; or (b) any additional time allowed to do the thing; or (c) if an application for additional time was refused, the later of the following: (i) 7 days after the day the person is given notice of the refusal; (ii) 28 days after the date of issue of the reminder notice. Division 3.8.2A Infringement notice management plans 131AA Application for infringement notice management plan or addition to plan (1) This section applies if a person is served with an infringement notice or reminder notice for an infringement notice offence. (2) If the person is an individual, the individual may apply to the administering authority— (a) to enter into an arrangement (an infringement notice management plan) with the authority for discharge of the penalty for the offence by— (i) payment by instalment; or (ii) participating in an approved community work or social development program; or (b) if the individual has an infringement notice management plan— to add the infringement notice penalty for the offence to the individual’s plan. (3) If the person is a corporation, the corporation may apply to the administering authority— (a) to enter into an arrangement (also an infringement notice management plan) with the authority for discharge of the penalty for the offence by payment by instalment; or (b) if the corporation has an infringement notice management plan—to add the infringement notice penalty for the offence to the corporation’s plan. (4) The application must include— (a) information about the person’s financial circumstances; and (b) if the person is the holder of a card prescribed by regulation that is current—that information; and (c) if the application is to participate in an approved community work or social development program—information about any relevant circumstances of the person; and (d) anything else prescribed by regulation. 131AB Application for infringement notice management plan or addition to plan—decision (1) On application by a person under section 131AA, the administering authority must— (a) allow the application; or (b) refuse the application. (2) The administering authority may, in writing, ask the applicant or a person mentioned in the application for more information to assist the authority to make a decision under this section. (3) If the person is applying for an infringement notice management plan that allows payment by instalments, the administering authority— (a) must allow the application if the person is the holder of a card mentioned in section 131AA (4) (b); and (b) in any other case—may allow the application if satisfied on reasonable grounds that it is justified because of the person’s financial circumstances. (4) If the person is applying for an infringement notice management plan that allows participation in an approved community work or social development program, the administering authority must allow the application if the responsible director-general agrees to the person participating in an approved community work or social development program under section 131AC. (5) Despite subsections (3) and (4), the administering authority may refuse the application if— (a) the applicant had an infringement notice management plan covering the same infringement notice offence; and (b) the plan was cancelled under section 131ACA. (6) If the administering authority allows an application for an infringement notice management plan that allows payment by instalments, the authority may decide the amount of the instalments that must be paid. (7) The administering authority must— (a) if the application is allowed—tell the person, in writing— (i) about the arrangements for entering into the infringement notice management plan or that the penalty has been added to the person’s infringement notice management plan; and (ii) if the person is paying instalments under the plan—that the authority may decide the amount of the instalments that must be paid; or (b) if the application is refused—tell the person in writing about the refusal and the reasons for the refusal. (8) A regulation may make provision in relation to the following: (a) any conditions applying to allowing an application under section 131AA; (b) conditions applying to infringement notice management plans, including the minimum amount that may be paid as an instalment under a plan; (c) the payment of amounts under an infringement notice management plan, including the consequences of a payment not being honoured; (d) variation or suspension of a person’s infringement notice management plan at the person’s request; (e) the arrangements for participating in an approved community work or social development program, including when participation in an approved community work or social development program is taken to be finished and evidence of participation. 131AC Approved community work or social development program—responsible director-general’s agreement (1) On receiving an application for an infringement notice management plan that allows a person to participate in an approved community work or social development program, the administering authority must ask the responsible director-general if the director-general agrees to the applicant participating in an approved community work or social development program. (2) The responsible director-general must— (a) agree to the applicant participating in an approved community work or social development program; or (b) refuse to agree. (3) The responsible director-general may, in writing, ask the applicant or a person mentioned in the application for more information to assist the director-general to make a decision under this section. (4) The responsible director-general may agree to the applicant’s participation in an approved community work or social development program if satisfied on reasonable grounds that— (a) it is justified because of either or both of the following: (i) the financial circumstances of the applicant; (ii) any relevant circumstances of the applicant; and (b) the applicant is suitable to participate in the program. (5) The responsible director-general may make guidelines about the exercise of the director-general’s functions under subsection (4). (6) A guideline is a notifiable instrument. 131ACA Cancellation of infringement notice management plan (a) a person has an infringement notice management plan; and (b) the administering authority is satisfied on reasonable grounds (i) circumstances prescribed by regulation apply to the person; or (ii) in any other case—the person has failed to comply with the (c) notice disputing liability for an infringement notice offence covered by the plan has not been given to the administering authority in accordance with this part. (2) The administering authority may, by serving a notice (a cancellation notice) on the person, cancel the infringement notice management plan, but only if— (a) the administering authority gives the person written notice of the proposed cancellation (a proposed cancellation notice); and (b) the proposed cancellation notice— (i) sets out the grounds for the proposed cancellation; and (ii) states that the person may, within 28 days after the administering authority gives the proposed cancellation notice to the person, give the authority written reasons why the plan should not be cancelled; and (c) the cancellation notice is served after the end of the period mentioned in paragraph (b) (ii). (3) The cancellation notice must state— (a) the identifying number (however described) for the person’s infringement notice management plan; and (b) that the plan has been cancelled and, in general terms, the effect of section 131ACB; and (c) for each infringement notice and reminder notice covered by the infringement notice management plan— (i) the identifying number for the infringement notice or reminder notice; and (ii) the outstanding amount payable by the person for the infringement notice penalty; and (d) the matters mentioned in section 122 (1); and (e) any other information prescribed by regulation and any (4) A regulation may make provision in relation to— (a) matters the administering authority must consider when deciding under subsection (1) (b) (ii) whether a person has failed to comply with the person’s infringement notice management (b) matters the administering authority must consider when deciding whether to cancel an infringement notice management (c) information to be given to the administering authority by the person or anyone else in relation to the person’s compliance with the plan. 131ACB Infringement notice management plan—effect of cancellation (1) This section applies if an infringement notice management plan is cancelled under section 131ACA. (2) For each infringement notice offence that was covered by the infringement notice management plan— (a) section 125 ceases to apply, and is taken never to have applied, to the offence because of the plan; and (b) this part has effect as if the infringement notice or reminder notice for the offence had been served on the person when the plan was cancelled; and (c) a proceeding for the offence may be taken in a court against anyone (including the person) as if the person had not entered into the plan. (3) If the person had paid any instalments under the infringement notice management plan before it was cancelled, the instalments are taken to have been paid— (a) if the plan covered 1 infringement notice penalty only—as part of the penalty; or (b) if the plan covered more than 1 infringement notice penalty—as part of the penalties, apportioned in the way the administering authority considers appropriate. (4) If a territory law limits the period to begin a prosecution for an infringement notice offence covered by the cancelled infringement notice management plan, the period is extended until 1 year after the plan was cancelled. 131AD Approval of community work or social development program (1) The responsible director-general may approve a community work or social development program for this division. (2) An approval is a notifiable instrument. Waiver of infringement notice penalties Division 3.8.2B Division 3.8.2B Waiver of infringement notice penalties 131AE Application for waiver of penalty (1) A person served with an infringement notice or reminder notice for an infringement notice offence may apply to the administering authority for waiver of the infringement notice penalty for the (2) The application must set out— (a) the person’s financial circumstances; and (b) the person’s relevant circumstances; and (c) anything else prescribed by regulation. 131AF Application for waiver of penalty—decision (1) On application by a person under section 131AE, the administering authority must— (a) allow the application; or (b) refuse the application. (2) The administering authority may, in writing, ask the applicant or a person mentioned in the application for more information to assist the authority to make a decision under this section. (3) The administering authority must allow the application if satisfied on reasonable grounds that— (a) the applicant does not have, and is unlikely to have, the financial ability to pay the infringement notice penalty; and (b) relevant circumstances exist in relation to the applicant; and (c) enforcement action has not resulted in, or is unlikely to result in, the payment of the infringement notice penalty; and (d) the applicant is not a suitable person to discharge the penalty by completing an approved community work or social development program; and (e) allowing the application is consistent with any guidelines made under section 131AG. (4) For subsection (3) (d), the administering authority may consult with the responsible director-general. (5) The administering authority must— (a) if the application is allowed—tell the person in writing about the waiver of the infringement notice penalty; and (b) if the application is refused—tell the person in writing about the refusal and the reasons for the refusal. 131AG Guidelines for waiver of penalty (1) The Minister may make guidelines for the waiver of infringement notice penalties. comply with the guidelines. Division 3.8.3 Additional provisions for vehicle- related offences