Monetary Penalties Enforcement Act 2005
21Election to have matter heard by court
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21 Election to have matter heard by court
(1) If an alleged offender elects to have matters relating to any offence specified in an infringement notice which has been referred to the Director heard by a court –
(a) the Director is to give notice of the election to the issuing authority within 7 days of receiving such notice; and
(b) the issuing authority is responsible for prosecuting the offences in the infringement notice; and
(c) the Director is not to collect or enforce payment of any monetary penalty imposed by the infringement notice.
(2) If the issuing authority decides not to prosecute the offence in the infringement notice, it must notify the alleged offender of that decision.