75Prescribed period for making statements

75 Prescribed period for making statements

(1) Subject to subregulation (2), for the purposes of sections 84BE(1)(a) and 84BF(1)(a) of the Act, the prescribed period is—

(a) in the case of an infringement notice issued in respect of an excessive speed infringement, the period beginning on the date of the notice and ending immediately before the earlier of—

(i) a conviction taking effect under section 89A(2) of the Act; and

(ii) a notice of objection being given under section 89A(4) of the Act; and

Under section 89A(2) of the Act, a traffic infringement notice that is issued in respect of an excessive speed infringement takes effect as a conviction for the offence specified in the notice 28 days after the date of the notice.

(b) in the case of an infringement notice issued in respect of any other operator onus offence—

(i) if the infringement notice was issued to a person other than a child within the meaning of the Fines Reform Act 2014 and the fine is an infringement fine within the meaning of that Act that may be registered under section 16 of that Act, the period beginning on the date of the notice and ending immediately before the infringement fine is registered under section 16 of that Act; or

(ii) if the infringement notice for that offence was issued to a child, the period beginning on the date of the notice and ending immediately before the infringement penalty in respect of that offence is registered under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005; or

(iii) if subparagraphs (i) and (ii) do not apply, the period beginning on the date of the notice and ending immediately before the expiry of the period for bringing a proceeding in relation to the offence to which the infringement notice relates.

The period prescribed under paragraph (b) for making a statement under Part 6AA of the Act is the same period set out in section 22(2) of the Infringements Act 2006 for a person to apply to a relevant enforcement agency for internal review of a decision to serve an infringement notice under section 22 of the Infringements Act 2006.

(2) If an extension of time to deal with, or object to, an infringement notice has been granted under section 67 or 89B of the Act, the prescribed period for the purposes of sections 84BE(1)(a) and 84BF(1)(a) of the Act is the extension of time granted under section 67 or 89B of the Act.