Victorian Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 (NO 107 OF 2004) - SECT 141

    (1)     This section applies if an infringement notice is not withdrawn and the penalty is paid—

        (a)     within the time specified in the notice; or

        (b)     if the person who issued the notice allows payment after that time, before proceedings are commenced in respect of the alleged offence.

    (2)     If this section applies—

        (a)     the person on whom the notice was served has expiated the offence by that payment; and

        (b)     no proceedings may be taken against the person in respect of that offence; and

        (c)     no conviction is to be taken to have been recorded against the person for the offence; and

        (d)     the payment is not and must not be taken to be—

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

              (ii)     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)     A penalty paid in respect of an infringement notice must be applied in the same way as a penalty paid as a result of a conviction for the offence concerned.