38Infringement notices

#### 38 Infringement notices (1) The regulations may provide for a person to be served with an infringement notice requiring payment of a penalty for an offence (not exceeding the penalty that would otherwise apply) against the regulations as an alternative to prosecution in court for the offence. (2) The regulations must specify: (a) the offences to which the alternative applies; and (b) the time within which the penalty must be paid. (3) A Competent Authority may withdraw an infringement notice by serving a notice on the person on whom the infringement notice was served. (4) If a person pays the fixed penalty and any prescribed costs, and the infringement notice is later withdrawn, the person is entitled to a refund of the penalty. (5) If a person pays the fixed penalty and any prescribed costs within: (a) the time specified in the infringement notice; or (b) a longer period: (i) specified in a reminder notice given to the person; or (ii) allowed by the person who issued the notice; and before a summons is served on the person in respect of the alleged offence; a prosecution in court is not to be taken against the person for the offence and a conviction must not be recorded against the person for the offence. (6) A prosecution in court may be taken or continued for the offence if: (a) the person served with the infringement notice does not pay the fixed penalty and any prescribed costs within the period referred to in subsection (5); or (b) the infringement notice is withdrawn.