742Cancellation of infringement notice if child not aware

742 Cancellation of infringement notice if child not aware

(1) A child, or a person on a child's behalf, may apply to a registrar of the Children's Court to have an infringement notice cancelled if—

(a) the service of the infringement notice was not by personal service on the child; and

(b) the child was not in fact aware that an infringement notice had been served on the child.

(2) The application must—

(a) be made within 14 days of the child becoming aware of the infringement notice; and

(b) be accompanied by a written statement setting out the grounds on which the cancellation is sought.

(3) If an application is made under subsection (1), the registrar of the Children's Court must—

(a) stay the operation of the infringement notice; and

(b) refer the application to the Children's Court for hearing and determination.

(4) On the referral to the Children's Court under subsection (3), the Children's Court must cause a notice of the time and place of the hearing of the application to be given or sent to—

(a) the enforcement agency; and

(b) the applicant.