Australian Capital Territory Current Acts

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 31B

    (1)     On application by a person under section 31A, the administering authority must—

        (a)     allow the application; or

        (b)     refuse the application.

    (2)     The administering authority may, in writing, ask the applicant or a person mentioned in the application for more information to assist the authority to make a decision under this section.

    (3)     If the person is applying for an infringement notice management plan that allows payment by instalments, the administering authority—

        (a)     must allow the application if the person is the holder of a card mentioned in section 31A (4) (b); and

        (b)     in any other case—may allow the application if satisfied on reasonable grounds that it is justified because of the person's financial circumstances.

    (4)     If the person is applying for an infringement notice management plan that allows participation in an approved community work or social development program, the administering authority must allow the application if the responsible director-general agrees to the person participating in an approved community work or social development program under section 31C.

    (5)     If the administering authority allows an application for an infringement notice management plan that allows payment by instalments, the authority may decide the amount of the instalments that must be paid.

    (6)     The administering authority must—

        (a)     if the application is allowed, tell the person in writing—

              (i)     about the arrangements for entering into the infringement notice management plan or that the penalty has been added to the person's infringement notice management plan; and

              (ii)     if the person is paying instalments under the plan—that the authority may decide the amount of the instalments that must be paid; or

        (b)     if the application is refused—tell the person in writing about the refusal and the reasons for the refusal.

    (7)     A regulation may make provision in relation to the following:

        (a)     any conditions applying to allowing an application under section 31A;

        (b)     conditions applying to infringement notice management plans, including the minimum amount that may be paid as an instalment under a plan;

        (c)     the payment of amounts under an infringement notice management plan, including the consequences of a payment not being honoured;

        (d)     variation or suspension of a person's infringement notice management plan at the person's request;

        (e)     the arrangements for participating in an approved community work or social development program, including when participation in an approved community work or social development program is taken to be finished and evidence of participation.