(1) This regulation applies if a provider served with an infringement notice:
- (a)
- elects not to pay the infringement notice penalty; and
- (b)
- is prosecuted for, and convicted of, the alleged offence mentioned in the
infringement notice.
- (2)
- In determining the penalty to be imposed, the court must not take into
account the fact that the provider chose not to pay the infringement notice
penalty.