sec.197Infringement notices issued after change of administering authority

### sec.197 Infringement notices issued after change of administering authority This section applies if an amendment of a regulation by the State Penalties Enforcement (Modernisation) Amendment Act 2022 (the 2022 amendment ) changes the entity prescribed to be the administering authority for an infringement notice. The former approved form for the infringement notice continues to be the approved form during the period (the transitional period )— starting on the commencement of the 2022 amendment; and ending when the approval of a new form for the infringement notice under section 162(a) takes effect. If an infringement notice in the former approved form is served on a person during the transitional period— the notice does not contravene section 15 only because it refers to the former authority instead of the new authority; and a person who does a thing in the way stated in the notice in relation to the former authority is taken to have done the thing in relation to the new authority. If, in accordance with the notice, a person pays a fine to the former authority, the person is taken to have paid the fine to the new authority. In this section— former approved form , for an infringement notice, means the approved form for the infringement notice that was in effect immediately before the commencement of the 2022 amendment. former authority , for an infringement notice, means the administering authority for the notice immediately before the commencement of the 2022 amendment. new authority , for an infringement notice, means the administering authority for the notice from the commencement of the 2022 amendment. s 197 ins 2022 No. 10 s 36 (sec.197-ssec.1) This section applies if an amendment of a regulation by the State Penalties Enforcement (Modernisation) Amendment Act 2022 (the 2022 amendment ) changes the entity prescribed to be the administering authority for an infringement notice. (sec.197-ssec.2) The former approved form for the infringement notice continues to be the approved form during the period (the transitional period )— starting on the commencement of the 2022 amendment; and ending when the approval of a new form for the infringement notice under section 162(a) takes effect. (sec.197-ssec.3) If an infringement notice in the former approved form is served on a person during the transitional period— the notice does not contravene section 15 only because it refers to the former authority instead of the new authority; and a person who does a thing in the way stated in the notice in relation to the former authority is taken to have done the thing in relation to the new authority. If, in accordance with the notice, a person pays a fine to the former authority, the person is taken to have paid the fine to the new authority. (sec.197-ssec.4) In this section— former approved form , for an infringement notice, means the approved form for the infringement notice that was in effect immediately before the commencement of the 2022 amendment. former authority , for an infringement notice, means the administering authority for the notice immediately before the commencement of the 2022 amendment. new authority , for an infringement notice, means the administering authority for the notice from the commencement of the 2022 amendment. - (a) starting on the commencement of the 2022 amendment; and - (b) ending when the approval of a new form for the infringement notice under section 162(a) takes effect. - (a) the notice does not contravene section 15 only because it refers to the former authority instead of the new authority; and - (b) a person who does a thing in the way stated in the notice in relation to the former authority is taken to have done the thing in relation to the new authority. Example— If, in accordance with the notice, a person pays a fine to the former authority, the person is taken to have paid the fine to the new authority.