743Powers of Children's Court to cancel infringement notice

743 Powers of Children's Court to cancel infringement notice

(1) On the referral of an application under section 742 to the Children's Court, any of the procedures set out in this Chapter that are being used for the enforcement of the infringement penalty are suspended pending the determination of the application.

(2) The Children's Court may only cancel an infringement notice if it is satisfied that, more than 14 days before making the application, the child was not in fact aware that the infringement notice had been served.

(3) If the Children's Court cancels an infringement notice under this section—

(a) any infringement penalty and penalty reminder notice fee that have been paid in relation to the notice must be refunded and the Consolidated Fund or any other fund specified by the relevant Act or other instrument into which the penalty and fee have been paid is, to the necessary extent, appropriated accordingly; and

(b) any of the procedures set out in this Chapter that are being used for the enforcement of any infringement penalty and penalty reminder notice fee (if any) in relation to the notice must be discontinued; and

(c) any CAYPINS enforcement order in relation to the infringement penalty and penalty reminder notice fee (if any) is revoked; and

(d) any warrant issued in relation to the infringement penalty and penalty reminder notice fee is cancelled.

(4) The cancellation of an infringement notice under this section does not prevent the service of a new infringement notice for the infringement offence for which the cancelled infringement notice was served.

Part 17.4—Decision to go to court