25Effect of payment of penalty

25 Effect of payment of penalty

Alleged commission of offence against the Act

(1) If:

(a) an infringement notice is given in relation to an alleged commission of an offence against the Act that is stated to be an offence of strict liability; and

(b) the infringement notice is not withdrawn; and

(c) the recipient pays the penalty stated in the notice in accordance with regulation 24;

the consequences mentioned in subregulation (2) apply.

(2) The effects are:

(a) any liability of the recipient for the alleged offence is discharged; and

(b) no prosecution may be brought against the recipient for the alleged offence; and

(c) the recipient is not taken to have admitted guilt in respect of the alleged offence; and

(d) the recipient is not taken to have been convicted of the offence.

Alleged contravention of civil penalty provision

(3) If:

(a) an infringement notice is given in relation to an alleged contravention of the civil penalty provision in subitem 19 (1) of Schedule 2 to the Act; and

(b) the infringement notice is not withdrawn; and

(c) the recipient pays the penalty stated in the notice in accordance with regulation 24;

the consequences mentioned in subregulation (4) apply.

(4) The effects are:

(a) any liability of the recipient for the alleged contravention is discharged; and

(b) no civil proceedings may be brought by the Commonwealth against the recipient for the alleged contravention; and

(c) the recipient is not taken to have admitted guilt in respect of the alleged contravention; and

(d) the recipient is not taken to have been found guilty of the contravention.

Note This regulation does not prevent a consumer from commencing a civil proceeding against the recipient under section 178 or 179 of the National Credit Act. ASIC is not prevented from applying for an order on behalf of a plaintiff in accordance with those sections. Sections 178 and 179 of that Act apply to registered persons and Schedule 2 of the Act under item 37 of Schedule 2 to the Act.