Commonwealth Consolidated Acts

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FUEL QUALITY STANDARDS ACT 2000 - SECT 65Q

Effect of payment of penalty

Infringement notice relates to an offence

  (1)   If an infringement notice relates to an offence and the person to whom the notice is given pays the penalty stated in the notice before the end of the period referred to in paragraph   65M(1)(i):

  (a)   any liability of the person for the alleged offence is discharged; and

  (b)   a prosecution for the alleged offence may not be brought against the person; and

  (c)   if a civil penalty provision relates to conduct substantially the same as the conduct alleged to constitute the offence--civil proceedings for a contravention of the civil penalty provision may not be brought against the person; and

  (d)   the person is not regarded as having admitted guilt or liability for the alleged offence; and

  (e)   the person is not regarded as having been convicted of the alleged offence.

Infringement notice relates to civil penalty provision

  (2)   If an infringement notice relates to a contravention of a civil penalty provision and the person to whom the notice is given pays the penalty stated in the notice before the end of the period referred to in paragraph   65M(1)(i):

  (a)   any liability of the person for the alleged contravention is discharged; and

  (b)   civil proceedings in respect of the alleged contravention may not be brought against the person; and

  (c)   if an offence relates to conduct substantially the same as the conduct alleged to constitute the contravention--a prosecution for the offence may not be brought against the person; and

  (d)   the person is not regarded as having admitted liability for the alleged contravention.

  (3)   Subsections   (1) and (2) do not apply if the notice has been withdrawn.


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