(1) If a person elects in accordance with section 21 to have the matter dealt with by a court, proceedings against the person in respect of the alleged offence may be taken as if an infringement notice or a courtesy letter had not been issued.
(2) The proceedings mentioned in subsection (1) must be commenced as follows:
(a) if, apart from this subsection, proceedings for prosecuting the offence would be required to be commenced within a period of 12 months or less after the offence is alleged to have been committed – within 12 months after the offence is alleged to have been committed;
(b) otherwise – before the expiry of the period within which the proceedings must be commenced.