Page 2298 - Week 06 - Wednesday, 9 May 2012
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30C Application to discharge penalty by community work or social development program
(1) A person served with an infringement notice or reminder notice for an infringement notice offence may apply to the administering authority to discharge the infringement notice penalty for the offence by completing an approved community work or social development program.
Note If a form is approved under s 225 for this provision, the form must be used.
(2) The application must be made within 28 days after the date of service of the infringement notice or reminder notice.
(3) However, the application may be made at a later time if the administering authority is satisfied on reasonable grounds that there are circumstances why the application could not be made within the 28-day period.
(4) The application must set out—
(a) either or both of the following:
(i) the financial circumstances of the person;
(ii) any special circumstances of the person; and
(b) anything else prescribed by regulation.
30D Application to discharge penalty by community work or social development program—decision
(1) On application by a person under section 30C, the administering authority must send the application to the director-general responsible for the Crimes (Sentence Administration) Act 2005, part 6.2 (Good behaviour—community service work).
(2) The director-general must—
(a) allow the application; or
(b) refuse the application.
(3) The director-general may, in writing, ask the applicant or a person mentioned in the application for more information to assist the director-general to make a decision under this section.
(4) The director-general may allow the application if satisfied on reasonable grounds that it is justified because of—
(a) either or both of the following:
(i) the financial circumstances of the person;
(ii) any special circumstances of the person; and
(b) anything else prescribed by regulation.
(5) The director-general must—
(a) if the application is allowed—
(i) tell the administering authority that the application is allowed; and
(ii) tell the applicant in writing about the arrangements for completing the approved community work or social development program; and
(b) if the application is refused—
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