Page 2300 - Week 06 - Wednesday, 9 May 2012
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(3) In this section:
special circumstances, of a person—see section 30D (7).
30G Application for waiver of penalty—decision
(1) On application by a person under section 30F, the administering authority must—
(a) allow the application; or
(b) refuse the application.
(2) The administering authority may, in writing, ask the applicant or a person mentioned in the application for more information to assist the authority to make a decision under this section.
(3) The administering authority must allow an application if satisfied on reasonable grounds that—
(a) the applicant does not have, and is unlikely to have, the financial ability to pay the infringement notice penalty; and
(b) special circumstances exist in relation to the applicant; and
(c) enforcement action has not resulted in, or is unlikely to result in, the payment of the infringement notice penalty; and
(d) the applicant is not a suitable person to discharge the penalty by completing an approved community work or social development program.
(4) For subsection (3) (d), the administering authority may consult with the director-general responsible for the Crimes (Sentence Administration) Act 2005, part 6.2 (Good behaviour—community service work).
(5) The administering authority must—
(a) if the application is allowed—tell the person in writing about the waiver of the infringement notice penalty; and
(b) if the application is refused—tell the person in writing about the refusal and the reasons for the refusal.
(6) In this section:
special circumstances, of a person—see section 30D (7).
5
Clause 7
Proposed new section 47 (1) (b) (ii)
Page 8, line 10—
omit
section 28B (Discharging penalty by community work or social development program)
substitute
section 30C (Application to discharge penalty by community work or social development program)
6
Clause 7
Proposed new section 47 (1) (b) (iii)
Page 8, line 13—
omit
section 28D (Waiver of penalty)
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