31GApplication for waiver of penalty—decision

31G Application for waiver of penalty—decision (1) On application by a person under section 31F, the administering

Waiver of infringement notice penalties Division 3.2B (2) The administering authority may, in writing, ask the applicant or a person mentioned in the application for more information to assist the authority to make a decision under this section. (3) The administering authority must allow an application if satisfied on reasonable grounds that— (a) the applicant does not have, and is unlikely to have, the financial ability to pay the infringement notice penalty; and (b) relevant circumstances exist in relation to the applicant; and (c) enforcement action has not resulted in, or is unlikely to result in, the payment of the infringement notice penalty; and (d) the applicant is not a suitable person to discharge the penalty by completing an approved community work or social development program; and (e) allowing the application is consistent with any guidelines made under section 31I. (4) For subsection (3) (d), the administering authority may consult with the director-general responsible for the Crimes (Sentence Administration) Act 2005, part 6.2 (Good behaviour—community service work). (5) The administering authority must— (a) if the application is allowed—tell the person in writing about the waiver of the infringement notice penalty; and (b) if the application is refused—tell the person in writing about the refusal and the reasons for the refusal.