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Road Transport (General) Act 1999
44Suspension for nonpayment of infringement notice
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44 Suspension for nonpayment of infringement notice
penalties
(a) an infringement notice and a reminder notice have been served
on a person by an authorised person under this part or the Heavy
Vehicle National Law (ACT) for an infringement notice offence;
and
Note A notice may be served on a person by an authorised officer for a
heavy vehicle infringement notice offence (see Heavy Vehicle
National Law (ACT), s 591 (1)).
(b) the offence involved a registrable or rail vehicle; and
(c) the infringement notice has not been withdrawn or the
infringement notice penalty for the offence has not been waived;
and
(d) the person does not have an infringement notice management
plan for the infringement notice penalty for the offence; and
(e) the penalty has not been paid to the administering authority
within the time for payment under this part; and
(f) notice disputing liability has not been given to the administering
authority in accordance with this part.
(a) send the person a written notice (a suspension notice) that
(b) if the infringement notice penalty is not paid before the
suspension date in the suspension notice—take action under
subsection (5), (6) or (7) (the suspension action) on the
suspension date.
(3) A suspension notice must state—
(a) particulars of the infringement notice and the reminder notice to
which the suspension notice relates; and
(b) that if the person does not pay the infringement notice penalty
before a stated date (the suspension date), the authority will take
suspension action on the suspension date; and
(4) However, the suspension date must not be earlier than 10 days after
the day the suspension notice is sent to the person.
(5) If the person is the holder of a driver licence, the road transport
authority must suspend the licence.
(6) If the person is not the holder of a driver licence, or the person’s driver
licence is suspended, but the vehicle involved in the offence is
registered under the Road Transport (Vehicle Registration) Act 1999
and the person is the responsible person (or a responsible person) for
the vehicle, the road transport authority must suspend the vehicle’s
registration.
(7) In any other case, the road transport authority must do 1 of the
following:
(a) suspend the person’s right to drive the vehicle involved in the
offence in the ACT;
(b) suspend the person’s right to drive any vehicle in the ACT;
(c) suspend the right of everyone to drive the vehicle involved in
the offence in the ACT.
(8) A suspension under this section takes effect on the suspension date.
(9) If the road transport authority takes suspension action, the authority
must send a suspension confirmation notice to the person that states—
(a) the suspension date; and
(b) the action that was taken on the suspension date; and
(10) In this section:
time for payment, of an infringement notice penalty, includes any
extension of time allowed for payment under section 29 (Extension
of time to do things).