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Road Transport (General) Act 1999
31GApplication for waiver of penalty—decision
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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.