ACTIn ForceAct
Magistrates Court Act 1930
134Procedure if liability disputed
Start here
Get a plain-English read of 134
Turn the raw legal text into a practical explanation grounded in Magistrates Court Act 1930.
134 Procedure if liability disputed
(1) This section applies if a person disputes liability for an infringement
notice offence by giving the administering authority a notice in
accordance with section 132 (Disputing liability for infringement
notice offence).
Division 3.8.4 Disputing liability for infringement notices
(2) The administering authority may lay an information in the
Magistrates Court against the person for the offence within 60 days
after being given the notice.
(3) The administering authority must discontinue a proceeding brought
against the person for the offence if, before the hearing of the
proceeding, the person pays the total of—
(a) the infringement notice penalty; and
(b) the costs (if any) prescribed by regulation for beginning the
(c) the disbursements (if any) incurred by the administering
authority up to the day payment is made.
(4) If subsection (3) applies, section 125 (Effect of payment of
infringement notice penalty) also applies to the person in relation to
the offence, even though the person paid the infringement notice
penalty for the offence after an information had been laid in the
Magistrates Court against the person for the offence.
(5) If the administering authority does not lay an information in the
Magistrates Court against the person for the offence within 60 days
after being given the notice, the administering authority must—
(a) tell the person, in writing, that no further action will be taken
against the person for the offence; and
(b) take no further action against the person for the offence.
(6) To remove any doubt, subsection (2) does not permit the
administering authority to lay an information against a person for an
offence after the end of the time within which, apart from this section,
a prosecution may be brought against the person for the offence.
Note For the time within which a prosecution must be begun, see the
Legislation Act, s 192.
Infringement notices—other provisions Division 3.8.5
Division 3.8.5 Infringement notices—other
provisions