61AEffect of certain transport safety infringements

61A Effect of certain transport safety infringements

S. 61A(1) amended by Nos 32/2006 s. 71(1), 46/2024 s. 44.

(1) Division 5 of Part 2 of the Infringements Act 2006 does not apply to an offence under section 28(1)(b), (e) or (f) in circumstances where—

S. 61A(1)(a) substituted by No. 94/2003 s. 34(14).

(a) the concentration of alcohol—

(i) in the blood of the person is less than 0⋅15 grams per 100 millilitres of blood; or

(ii) in the breath of the person is less than 0⋅15 grams per 210 litres of exhaled air—

(b) the offence is a first offence having regard to the provisions of section 27(2).

S. 61A(2) amended by No. 65/2010 s. 389A(2) (as amended by No. 78/2011 s. 36).

(2) Subject to section 61B, a transport safety infringement notice that is issued in respect of an offence referred to in subsection (1) takes effect, 28 days after the date of the notice, as a conviction for the offence specified in the notice, unless the person to whom the notice was issued objects, within that time and in accordance with this section, to the transport safety infringement notice.

S. 61A(3) amended by No. 65/2010 s. 389A(3) (as amended by No. 78/2011 s. 36).

(3) Despite subsection (2), if a transport safety infringement notice is withdrawn under subsection (7)(b) the person to whom the notice was issued must for all purposes be taken not to have been convicted of the offence specified in the notice.

S. 61A(4) amended by No. 65/2010 s. 389A(4) (as amended by No. 78/2011 s. 36).

(4) A person may object to the transport safety infringement notice by giving notice in writing of the objection to the person specified for that purpose in the transport safety infringement notice.

(5) A notice of objection must state—

S. 61A(5)(a) amended by No. 65/2010 s. 389A(5) (as amended by No. 78/2011 s. 36).

(a) that the person to whom the transport safety infringement notice was issued refuses to pay the penalty; and

(b) that the person requests that the matter be dealt with by a court; and

S. 61A(5)(c) amended by No. 65/2010 s. 389A(5) (as amended by No. 78/2011 s. 36).

(c) that the person intends to defend any charge arising out of the facts specified in the transport safety infringement notice.

S. 61A(6) amended by No. 65/2010 s. 389A(6) (as amended by No. 78/2011 s. 36).

(6) The giving of notice of objection to the transport safety infringement notice has the effect that—

S. 61A(6)(a) amended by No. 65/2010 s. 389A(6) (as amended by No. 78/2011 s. 36).