QLDIn ForceAct
State Penalties Enforcement Act 1999
sec.57Decision on application
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### sec.57 Decision on application
The registrar may cancel the relevant enforcement order only if the registrar is satisfied the order should be cancelled for the reason stated in the application.
The registrar may ask the applicant to give to the registrar any information prescribed under a regulation that will help the registrar decide the application.
The registrar may consider the application in the absence of the applicant.
If the registrar cancels the relevant enforcement order—
the registrar must refer the matter of the offence to the administering authority; and
the administering authority may—
accept payment of the fine in full as stated in the infringement notice for the offence; or
issue a fresh infringement notice for the offence; and
if the administering authority does not take an action mentioned in paragraph (b) (i) or (ii) , a proceeding may be started against the applicant for the offence.
The registrar must give the applicant notice of the decision in the approved form.
s 57 amd 2007 No. 3 s 20 ; 2010 No. 42 s 190 ; 2022 No. 10 s 24
(sec.57-ssec.1) The registrar may cancel the relevant enforcement order only if the registrar is satisfied the order should be cancelled for the reason stated in the application.
(sec.57-ssec.2) The registrar may ask the applicant to give to the registrar any information prescribed under a regulation that will help the registrar decide the application.
(sec.57-ssec.3) The registrar may consider the application in the absence of the applicant.
(sec.57-ssec.4) If the registrar cancels the relevant enforcement order— the registrar must refer the matter of the offence to the administering authority; and the administering authority may— accept payment of the fine in full as stated in the infringement notice for the offence; or issue a fresh infringement notice for the offence; and if the administering authority does not take an action mentioned in paragraph (b) (i) or (ii) , a proceeding may be started against the applicant for the offence.
(sec.57-ssec.6) The registrar must give the applicant notice of the decision in the approved form.
- (a) the registrar must refer the matter of the offence to the administering authority; and
- (b) the administering authority may— (i) accept payment of the fine in full as stated in the infringement notice for the offence; or (ii) issue a fresh infringement notice for the offence; and
- (i) accept payment of the fine in full as stated in the infringement notice for the offence; or
- (ii) issue a fresh infringement notice for the offence; and
- (c) if the administering authority does not take an action mentioned in paragraph (b) (i) or (ii) , a proceeding may be started against the applicant for the offence.
- (i) accept payment of the fine in full as stated in the infringement notice for the offence; or
- (ii) issue a fresh infringement notice for the offence; and