Australian Capital Territory Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 2024 (NO. 12 OF 2024) - SECT 23

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131ACA     Cancellation of infringement notice management plan

    (1)     This section applies if—

        (a)     a person has an infringement notice management plan; and

        (b)     the administering authority is satisfied on reasonable grounds that—

              (i)     circumstances prescribed by regulation apply to the person; or

              (ii)     in any other case—the person has failed to comply with the plan; and

        (c)     notice disputing liability for an infringement notice offence covered by the plan has not been given to the administering authority in accordance with this part.

    (2)     The administering authority may, by serving a notice (a  cancellation notice ) on the person, cancel the infringement notice management plan, but only if—

        (a)     the administering authority gives the person written notice of the proposed cancellation (a proposed cancellation notice ); and

        (b)     the proposed cancellation notice—

              (i)     sets out the grounds for the proposed cancellation; and

              (ii)     states that the person may, within 28 days after the administering authority gives the proposed cancellation notice to the person, give the authority written reasons why the plan should not be cancelled; and

        (c)     the cancellation notice is served after the end of the period mentioned in paragraph (b) (ii).

    (3)     The cancellation notice must state—

        (a)     the identifying number (however described) for the person's infringement notice management plan; and

        (b)     that the plan has been cancelled and, in general terms, the effect of section 131ACB; and

        (c)     for each infringement notice and reminder notice covered by the infringement notice management plan—

              (i)     the identifying number for the infringement notice or reminder notice; and

              (ii)     the outstanding amount payable by the person for the infringement notice penalty; and

        (d)     the matters mentioned in section 122 (1); and

        (e)     any other information prescribed by regulation and any additional information that the administering authority considers appropriate.

    (4)     A regulation may make provision in relation to—

        (a)     matters the administering authority must consider when deciding under subsection (1) (b) (ii) whether a person has failed to comply with the person's infringement notice management plan; and

        (b)     matters the administering authority must consider when deciding whether to cancel an infringement notice management plan; and

        (c)     information to be given to the administering authority by the person or anyone else in relation to the person's compliance with the plan.

131ACB     Infringement notice management plan—effect of cancellation

    (1)     This section applies if an infringement notice management plan is cancelled under section 131ACA.

    (2)     For each infringement notice offence that was covered by the infringement notice management plan—

        (a)     section 125 ceases to apply, and is taken never to have applied, to the offence because of the plan; and

        (b)     this part has effect as if the infringement notice or reminder notice for the offence had been served on the person when the plan was cancelled; and

        (c)     a proceeding for the offence may be taken in a court against anyone (including the person) as if the person had not entered into the plan.

    (3)     If the person had paid any instalments under the infringement notice management plan before it was cancelled, the instalments are taken to have been paid—

        (a)     if the plan covered 1 infringement notice penalty only—as part of the penalty; or

        (b)     if the plan covered more than 1 infringement notice penalty—as part of the penalties, apportioned in the way the administering authority considers appropriate.

    (4)     If a territory law limits the period to begin a prosecution for an infringement notice offence covered by the cancelled infringement notice management plan, the period is extended until 1 year after the plan was cancelled.

Part 10     Magistrates Court Regulation 2009