Victorian Numbered Acts

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MITCHAM-FRANKSTON PROJECT ACT 2004 (NO 39 OF 2004) - SECT 216

Application of penalty

    (1)     An infringement penalty paid under this Division must be applied in the same way as a fine paid under an order of a court made on an offender being convicted or found guilty of the offence to which the infringement penalty relates.

    (2)     The payment of an infringement penalty under this Division is not and must not be taken to be—

        (a)     an admission of guilt in relation to the offence; or

        (b)     an admission of liability for the purpose of any civil claim or proceeding arising out of the same occurrence and the payment does not in any way affect or prejudice any such claim or proceeding.

    (3)     If proceedings have been taken or continued for an alleged offence because the person has not paid the penalty specified in the infringement notice and a conviction is imposed by the court, the conviction must not be taken to be a conviction for any purpose except in relation to—

        (a)     the making of the conviction itself; and

        (b)     subsequent proceedings that may be taken in respect of the conviction itself, including proceedings by way of appeal.

    (4)     The payment of an infringement penalty under this Division must not be referred to in any report provided to a court for the purpose of determining sentence for any offence.



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