Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if a judge or sheriff is satisfied that a person has contravened section 41 (Nonattendance), section 42 (Leaving without permission) or section 42A (Failing to comply with conditions).
(2) The sheriff may serve a notice on the person stating that if the person does not wish to have the matter referred to the Supreme Court, the person must—
(a) pay to an officer stated in the notice at a stated place and time a penalty amount equivalent to 5 penalty units for the contravention; or
(b) show cause to the sheriff within a stated time why the penalty should not be imposed for the contravention.
(3) The sheriff may require the person to verify the person's statements under subsection (2) (b) by statutory declaration.
Note 1 The Statutory Declarations Act 1959
(Cwlth) applies to the making of statutory declarations under ACT laws.
Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code
, pt 3.4).
(4) If the sheriff is not satisfied that a person has shown reasonable cause why a penalty should not be imposed for the contravention, the sheriff must tell the person and state a further period of time within which the person may pay the penalty amount.
(5) A person served with a notice under subsection (2)—
(a) has the right to refuse to be dealt with under this section; and
(b) is taken to have refused to be dealt with under this section if the person—
(i) does not show reasonable cause why a penalty should not be imposed for the contravention, within the time stated in the notice; and
(ii) fails to pay the penalty amount within the time stated in the notice or within any further time as may be allowed by the sheriff.
Note Fail includes refuse (see Legislation Act
, dict, pt 1).
(6) If the penalty amount is paid, no person will be liable for any further proceedings for the contravention.