53Procedure if liability disputed

53 Procedure if liability disputed (1) This section applies if a person disputes liability for an infringement notice offence by giving the administering authority a notice in accordance with section 51 (Disputing liability for infringement notice offence). (2) The administering authority may— (a) for a heavy vehicle infringement notice offence—bring a proceeding against the person under the Heavy Vehicle National Law (ACT) within 60 days after being given the notice; or Note For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707. (b) in any other case—lay an information in the Magistrates Court against the person for the offence within 60 days after being given the notice. (3) The administering authority must discontinue a proceeding brought against the person for the offence if, before the hearing of the proceeding— (a) 1 of the following happens: (i) the person pays the infringement notice penalty; (ii) the person enters into an infringement notice management plan in relation to the offence; (iii) an infringement notice in relation to the offence is added to an existing infringement notice plan; and (b) the person pays— (i) any costs prescribed by regulation for beginning the proceeding; and (ii) any disbursements incurred by the administering authority up to the day payment is made. (4) If subsection (3) applies, section 39 (Infringement notice—effect of penalty payment etc) also applies to the person in relation to the offence, even though 1 of the things mentioned in subsection (3) (a) happened in relation to the offence after a proceeding or information mentioned in subsection (2) had been brought or laid against the person for the offence. (5) If the administering authority does not bring a proceeding or lay an information mentioned in subsection (2) against the person for the offence within 60 days after being given the notice, the administering (a) tell the person, in writing, that no further action will be taken against the person for the offence; and Disputing liability Division 3.5 (b) take no further action against the person for the offence. (6) To remove any doubt, subsection (2) does not permit the administering authority to bring a proceeding or lay an information against a person for an offence after the end of the time within which, apart from this section, a prosecution may be brought against the person for the offence. Note For the time within which a prosecution for an infringement notice offence other than a heavy vehicle infringement notice offence must be begun, see s 31. For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), pt 13.3, div 1. 53AA Presumption against responsible person If the responsible person for a registrable or rail vehicle involved in an infringement notice offence is served with an infringement notice for the offence, it is presumed in any proceeding against the person for the offence, unless the contrary is proved, that the responsible person was the individual in possession or control of the vehicle at the time of the offence. Note The responsible person for a registrable vehicle bears a legal burden of proving that the responsible person was not the individual in possession or control of the vehicle at the time of the offence (see Criminal Code, s 59 (c)).