Western Australia: Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA)

Western Australia Fines, Penalties and Infringement Notices Enforcement Act 1994 Western Australia Fines, Penalties and Infringement Notices Enforcement Act 1994 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. General principles relating to enforcement of fines 1 4A. Hardship 1 4B. Remote areas 1 5. Service of documents 1 5A. Service by electronic means 1 5B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 1 5C. Act binds Crown 1 Part 2 — Fines Enforcement Registry 6. Registry established 1 7. Registrar 1 7A. Registrar may delegate 1 8. Payments to Registry 1 9. Registrar exempt from fees 1 10B. Registrar to keep record of outstanding fines and other amounts payable by young persons 1 Part 3 — Infringement notices Division 1 — Preliminary 11. Terms used 1 12. Application 1 13. Approved prosecuting authorities and officers 1 Division 2 — Enforcement of infringement notices 14. Final demand may be issued if modified penalty not paid 1 14A. Final demand may be issued if instalment under Road Traffic (Administration) Act 2008 Part 5 not paid 1 15. Infringement notice may be registered 1 16. Registration of infringement notice: enforcement certificate 1 17. Order to pay or elect 1 17A. Balance payment order 1 18. Notice of intention to enforce 1 19. Licence suspension order 1 20. Cancelling licence suspension orders 1 20A. Alleged offender may request cancellation of licence suspension order 1 20B. Registrar may request further information 1 21A. Enforcement warrant 1 Division 2A — Time to pay orders 21B. Application for time to pay order 1 21C. Making time to pay order 1 21D. Alleged offender may apply to have time to pay order amended 1 21E. Registrar may amend time to pay order 1 21F. Payments ordered must be within means of alleged offender 1 21G. Registrar may cancel time to pay order 1 21H. Enforcement action suspended while time to pay order is in force 1 Division 3 — Miscellaneous 21. Election by alleged offender or prosecuting authority 1 22. Prosecuting authority may withdraw proceedings 1 23. Effect of order to pay or elect or balance payment order 1 24. Effect of payment of modified penalty or outstanding balance of modified penalty 1 25. Continuing offences: effect of proceedings under this Part 1 26. Effect of order to pay or elect in relation to offences under road laws 1 27. How recovered amounts to be applied 1 27A. Certain decisions of Registrar are final 1 Part 4 — Fines Division 1 — Preliminary 28. Terms used 1 29. Application of Part 1 30. Court may request offender's address 1 Division 2 — Payment and registration of fines Subdivision 1 — Fines taken to be registered when imposed 31. Application 1 32. Offender must pay fine or get time to pay order 1 Subdivision 2 — Fines registered at request of prosecuting authority 32A. Application 1 32B. Fine may be registered at request of prosecuting authority 1 Subdivision 3 — Time to pay orders 32C. Application for time to pay order 1 33. Making time to pay order 1 34. Offender may apply to have time to pay order amended 1 35. Registrar may amend time to pay order 1 35A. Payments ordered must be within means of offender 1 36. Registrar may cancel time to pay order 1 37. Enforcement action suspended while time to pay order is in force 1 Subdivision 4 — Cancellation of registration 41. Cancellation of registration 1 Division 3 — Notice of intention to enforce 42. Notice of intention to enforce 1 Division 3A — Licence suspension orders 43. Licence suspension order 1 44. Cancelling licence suspension order 1 44A. Offender may request cancellation of licence suspension order 1 44B. Registrar may request further information 1 Division 3B — Enforcement warrants 45. Enforcement warrant 1 Division 3C — Work and development Subdivision 1 — Preliminary 46. Division does not apply to body corporate 1 Subdivision 2 — Work and development permits 46A. Work and development permit 1 46B. Eligibility for work and development permit 1 46C. Application for work and development permit 1 46D. Issue of work and development permit 1 46E. Form of work and development permit 1 46F. Duration of work and development permit 1 46G. Discharge of liability under work and development permit 1 46H. Cancellation of work and development permit 1 46I. Amendment of work and development permit 1 46J. Approval of sponsors for work and development permits 1 46K. General provisions about approved sponsors 1 46L. Guidelines for work and development permits 1 46M. Guidelines to be taken into account 1 46N. Regulations about work and development permits 1 Subdivision 3 — Work and development orders 47. Order to attend for work and development 1 47B. Effect of order to attend for work and development 1 47C. Cancellation and duration of order to attend for work and development 1 48. Making work and development order 1 49. Effect of work and development order 1 50. Primary requirements of work and development order 1 51. Discharge of liability under work and development order 1 52. Cancellation and duration of work and development order 1 Division 3D — Fine expiation orders 52A. Division does not apply to body corporate 1 52B. Term used: daily expiation amount 1 52C. When a person is in custody for the purposes of fine expiation order 1 52D. Fine expiation order 1 52E. Application for fine expiation order 1 52F. Issue of fine expiation order 1 52G. Form of fine expiation order 1 52H. Discharge of liability when fine expiation order is issued 1 52I. Discharge of liability under ongoing fine expiation order 1 52J. Cancellation and duration of fine expiation order 1 Division 3E — Warrants of commitment and other court‑ordered enforcement action Subdivision 1 — Preliminary 52K. Division does not apply to body corporate 1 52L. Magistrates Court to be constituted by Magistrate 1 Subdivision 2 — Application for and conduct of warrant of commitment inquiry 52M. Warrant of commitment inquiry 1 52N. Application for warrant of commitment inquiry 1 52O. Information and evidence to be included in application 1 52P. Decision on application for warrant of commitment inquiry 1 52Q. Issue of summons or arrest warrant 1 52R. Conduct of warrant of commitment inquiry 1 52S. Court may make orders or issue warrant of commitment 1 52T. Effect of orders under s. 52S(1)(a) to (c) 1 Subdivision 3 — Summons to appear at warrant of commitment inquiry 52U. Form of summons 1 52V. Service of summons 1 52W. Oral service or substituted service of summons 1 52X. Summons ceases to have effect if application withdrawn 1 Subdivision 4 — Arrest warrant for appearance at warrant of commitment inquiry 52Y. Form of arrest warrant 1 52Z. Effect of arrest warrant 1 52ZA. Duration of arrest warrant 1 52ZB. Conditional release of arrested offender 1 52ZC. Responsible officer for conditional release of offender 1 52ZD. Conditional release undertaking 1 52ZE. Duties of person before whom conditional release undertaking entered into 1 52ZF. Limitations on right to conditional release 1 52ZG. Offence of failure to comply with conditional release undertaking 1 52ZH. General provisions about conditional release 1 Subdivision 5 — Miscellaneous provisions about warrant of commitment inquiry 52ZI. Withdrawal of application for warrant of commitment inquiry 1 52ZJ. Appearance of offender at warrant of commitment inquiry by video link or audio link 1 52ZK. Appeal 1 52ZL. Evidence of appearance or non‑appearance of offender 1 Subdivision 6 — Imprisonment under warrant of commitment 53. Effect of warrant of commitment 1 Division 3F — Interaction of enforcement action under this Part 53A. Effect of enforcement instrument or WDO on other enforcement powers 1 53B. Effect of warrant of commitment inquiry process or warrant of commitment on other enforcement powers 1 Division 4 — Miscellaneous 54. Functions of Registrar in relation to Service and Execution of Process Act 1992 (Commonwealth) Part 7 1 55. How recovered amounts to be dealt with 1 55A. Certain decisions of Registrar are final 1 Part 5A — Publication of details of persons on Registrar's website Division 1 — Preliminary 56A. Terms used 1 56AA. Outstanding orders to pay or elect 1 56AB. Outstanding balance payment orders 1 56B. Outstanding registered fines 1 56C. Relevant details of persons 1 Division 2 — Publication of relevant details of persons on Registrar's website 56D. Publication of relevant details of persons on Registrar's website 1 56E. Removal of relevant details from website 1 Part 5 — Amounts forfeited under undertakings 56. Amounts payable by defendants and offenders 1 57. Amounts payable by sureties 1 58. Amounts payable by witnesses and sureties for witnesses 1 59A. Automatic registration of amounts payable 1 Part 6 — Reciprocal enforcement of fines imposed on bodies corporate in summary proceedings 59. Terms used 1 60. Prescription of reciprocating States and courts 1 61. Enforcement of interstate fine against body corporate 1 62. Effect of enforcement by reciprocating court 1 Part 7 — Enforcement warrants Division 1 — Preliminary 63. Terms used 1 65. Warrant has indefinite life 1 Division 2 — General functions of the Sheriff 66. Sheriff may delegate 1 67. Police assistance may be requested 1 68. Sheriff to note time of receipt of warrant 1 68A. Execution may be stayed 1 68B. Notice of right to apply under s. 101AA to be given for warrants issued under Part 3 1 69. Examination in aid of seizure or exercise of additional powers relating to vehicles 1 70. Determining debtor's interest in property 1 70A. Personal property to be sold in preference to real property 1 70B. Only sufficient property to be sold 1 70C. Seized property, Sheriff to determine fair value of 1 70D. Interests of others 1 70E. Sale to be advertised 1 Division 3 — Seizure and sale of personal property 71. Enforcement warrant, effect of 1 74. Seizing personal property, powers enabling 1 75. Property that cannot be seized and sold 1 76. Seizure of documents 1 77. Seizure of cheques etc. 1 78. Debts due to debtor to be paid to Sheriff 1 80. Notice of seizure 1 81. Custody of seized property 1 85. Manner and place of sale 1 86. Sale price 1 87. Sale passes good title: protection of Sheriff 1 Division 4 — Seizure and sale of land 88. Warrant, effect of 1 89. Seizure: how effected 1 90. Cancelling memorials 1 91. Power of entry 1 91A. Debtor may be permitted to sell or mortgage real property 1 91B. Place and manner of sale 1 92. Sale and transfer of land seized 1 Division 5 — Interpleader 93. Making claim to property seized 1 94. Sheriff may admit or dispute claim 1 Division 6A — Additional powers relating to vehicles Subdivision 1 — General provisions 95A. Application 1 95B. Warning notices 1 Subdivision 2 — Immobilisation of vehicles 95C. Immobilisation of vehicles 1 95D. Removal of immobilisation of vehicle 1 95E. Offences relating to immobilisation of vehicles 1 Subdivision 3 — Removal of number plates 95F. Removal of number plates 1 95G. Vehicle licence suspension and disqualification order made when number plates are removed 1 95H. Return of number plates 1 95I. Offence of interfering with or removing notice 1 Subdivision 4 — Vehicle licence cancellation and disqualification orders 95J. Vehicle licence cancellation and disqualification order 1 Subdivision 5 — Powers for this Division 95K. Powers enabling immobilisation of vehicles and removal of number plates etc. 1 Division 6B — Garnishment Subdivision 1 — Preliminary 95L. Application 1 95M. Garnishee orders 1 95N. Duration, amendment and cancellation of garnishee order 1 Subdivision 2 — Garnishee orders on earnings 95O. Issue of garnishee order on earnings 1 95P. Compliance with garnishee order on earnings 1 95Q. Notices and returns to be given in relation to garnishee orders on earnings 1 95R. Discharge of liability to pay debtor 1 95S. Records to be kept by relevant payers 1 95T. Protection of employees 1 95U. Regulations for this Subdivision 1 Subdivision 3 — Garnishee orders on bank accounts 95V. Issue of bank account garnishee order 1 95W. Compliance with bank account garnishee order 1 95X. Notices to be given by banks 1 95Y. Records to be kept by banks 1 95Z. Administration fee for deduction under bank account garnishee order 1 95ZA. Requirements for debtor if bank account garnishee order issued 1 95ZB. Regulations for this Subdivision 1 Subdivision 4 — General provisions 95ZC. Sheriff may refund money deducted under garnishee order 1 95ZD. Obtaining information relevant to garnishee order 1 95ZE. Relevant payer or bank must not disclose information 1 Division 6 — Miscellaneous 95. Priority of warrant over writs etc. 1 96. How amounts recovered to be applied 1 97. Warrant may be satisfied at any time 1 98A. Seized property to be released if warrant ceases to be in force 1 98. Sheriff exempt from some licensing requirements 1 99. Sheriff exempt from fees 1 Part 7A — Information 100. Terms used 1 100A. Disclosure of information to Registrar or Sheriff 1 100B. Disclosure of information by Registrar or Sheriff 1 100C. Registrar and Sheriff to have access to records of Director General 1 100D. Regulations relating to information 1 100E. Disclosure not subject to other laws 1 100F. Confidentiality 1 Part 8 — Miscellaneous 101. Magistrates Court may set aside licence suspension order made under Part 3 1 101AA. Magistrates Court may set aside enforcement warrant issued under Part 3 1 101A. Justices may set aside licence suspension order made under Part 4 1 101B. Enforcement suspended on appeal etc. 1 101C. Proving licence suspension orders and service of documents 1 101D. Validity of certain orders not affected by non-receipt of documents 1 102. Effect of payment by dishonoured cheque 1 103. Exclusion of rules of natural justice 1 104. Warrants of commitment 1 105. Facsimile warrants 1 105A. Delegation by CEO (fines enforcement) 1 106. Validity of acts not affected by want of form 1 107. Protection from liability for wrongdoing 1 108A. Credit for punishment served in error 1 108B. Amounts to be credited to agency special purpose account 1 108. Regulations 1 109. Imposition of tax 1 109A. Review of certain amendments made by Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020 1 109B. Review of Part 4 Division 3C Subdivision 2 1 Part 9 — Transitional and validation provisions Division 1 — Provisions for Fines, Penalties and Infringement Notices Enforcement Amendment Act 2012 110. Transitional provisions as to warrants of execution 1 111. Transitional provisions as to notices of intention to suspend licences issued under s. 18 1 112. Transitional provisions as to notices of intention to suspend licences issued under s. 42 1 113. Transitional provisions as to infringement notices 1 114. Validation 1 Division 2 — Provisions for Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020 115. Terms used 1 116. Offender not yet arrested under warrant of commitment issued before first commencement day 1 117. Offender in custody under warrant of commitment issued before first commencement day 1 118. Issue and cancellation of warrants of commitment in transitional period 1 119. Notices issued under s. 78(1) before first commencement day 1 120. Application of amendments 1 121. Time to pay orders 1 122. Enforcement warrant issued before second commencement day authorises issue of garnishee order 1 123. Instruments issued under provisions of former Act 1 124. Administrative information sharing arrangements 1 Notes Compilation table 1 Editorial changes table 1 Other notes 1 Defined terms Western Australia Fines, Penalties and Infringement Notices Enforcement Act 1994 An Act to provide for the enforcement of the payment of fines and other penalties and for the enforcement of infringement notices and for related purposes. Part 1 — Preliminary 1. Short title This Act may be cited as the Fines, Penalties and Infringement Notices Enforcement Act 1994. 2. Commencement (1) Subject to this section this Act comes into operation on such day as is fixed by proclamation. (2) Section 29(2) has no effect unless the Young Offenders Act 1994 is enacted, and, if that Act receives the Royal Assent after the day on which this Act comes into operation, section 29(2) comes into operation on the day on which that Act receives the Royal Assent. 3. Terms used (1) In this Act — approved form means a form approved in writing by the CEO (fines enforcement); CEO (corrections) means the chief executive officer of the Public Sector agency principally assisting the Minister administering Part 8 of the Sentence Administration Act 2003 in its administration; CEO (fines enforcement) means the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of this Act; child means a person who is under 18 years of age; Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892; Director General means the CEO as defined in the Road Traffic (Administration) Act 2008 section 4; dishonoured payment means a purported payment — (a) by means of a cheque where the cheque is subsequently dishonoured or cancelled; or (b) by means of a credit card where the payment is not authorised by the issuer of the card; or (c) pursuant to an arrangement to directly debit an account with a person where the payment is not authorised by the person; driver's licence means a driver's licence as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1) and includes an extraordinary licence as defined in that section; electricity corporation means a corporation established under the Electricity Corporations Act 2005 section 4(1); give information or a document or notice, has a meaning affected by section 5A; hardship has a meaning affected by section 4A; modified penalty means the amount of money prescribed in a written law and specified in an infringement notice as the amount that the alleged offender is to pay if the alleged offender wants the matter dealt with out of court; Notes for this definition: 1. The Road Traffic (Administration) Act 2008 section 82(3) modifies the definition of modified penalty in relation to an alleged offence under the Road Traffic (Vehicles) Act 2012 section 10(6). 2. The Road Traffic (Administration) Act 2008 section 98(2) modifies the definition of modified penalty in relation to an alleged offence under section 97(1) of that Act. number plate has the meaning given in the Road Traffic (Vehicles) Act 2012 section 3(1); outstanding balance, in relation to a modified penalty, has the meaning given in section 14A(4)(b); paid means paid in full; Registrar means the Registrar appointed under section 7(1); Registrar's website means a website, or a part of a website, maintained by or on behalf of the Registrar; Registry means the Fines Enforcement Registry established under section 6; remote area means an area designated as a remote area under regulations made for the purposes of section 4B; road law has the meaning given in the Road Traffic (Administration) Act 2008 section 4; serve a document, has a meaning affected by sections 5 and 5A; Sheriff means the Sheriff of Western Australia; vehicle licence means a licence granted in respect of a vehicle under the Road Traffic (Vehicles) Act 2012; work and development order (WDO) means an order made under section 48, as amended from time to time; work and development permit (WDP) means a permit issued under section 46D, as in force from time to time. [(2) deleted] [Section 3 amended: No. 76 of 1996 s. 29; No. 7 of 2002 s. 61; No. 65 of 2006 s. 62; No. 3 of 2008 s. 4(1) and 5(2); No. 47 of 2011 s. 27; No. 8 of 2012 s. 107; No. 48 of 2012 s. 4; No. 25 of 2013 s. 43(2) and (3); No. 25 of 2020 s. 9 and 90; No. 15 of 2024 s. 39.] 4. General principles relating to enforcement of fines (1) A person performing a function under this Act must have regard to the principles set out in subsection (2). (2) For the purposes of subsection (1), the principles are — (a) that imprisonment for failure to pay a fine is an enforcement measure of last resort; and (b) that an offender who is experiencing hardship affecting the offender's capacity to pay a fine or to perform the requirements of a work and development order should not be imprisoned by reason only of a failure to pay a fine. [Section 4 inserted: No. 25 of 2020 s. 10.] 4A. Hardship (1) For the purposes of this Act, a person is experiencing hardship if the person — (a) is experiencing financial hardship; or (b) has been or might be subjected or exposed to family violence (as defined in the Restraining Orders Act 1997 section 3(1)); or (c) has a mental illness (as defined in the Mental Health Act 2014 section 4); or (d) has a disability (as defined in the Disability Services Act 1993 section 3); or (e) is homeless; or (f) is experiencing alcohol or other drug use problems. (2) Subsection (1) does not limit the circumstances in which a person may be experiencing hardship for the purposes of this Act. [Section 4A inserted: No. 25 of 2020 s. 10.] 4B. Remote areas (1) The regulations may designate 1 or more areas of the State as remote areas for the purposes of this Act. (2) Regulations made for the purposes of subsection (1) must not designate as a remote area an area that includes the metropolitan region (as defined in the Planning and Development Act 2005 section 4(1)) or any part of the metropolitan region. [Section 4B inserted: No. 25 of 2020 s. 10.] 5. Service of documents (1) If under this Act a document must be served on a person, then unless the contrary intention appears, service may be effected in accordance with section 76 of the Interpretation Act 1984 (other than paragraph (b)) or by post in accordance with this section or in accordance with section 5A. (2) A document issued under this Act may be served by post on a person by properly addressing and posting it by pre‑paid post as a letter to the person at the person's last known address. (3) For the purposes of this Act, if a fine has been imposed on a person, the person's last known address may be taken to be — (a) the address that under section 30 was supplied to the court that imposed the fine; or (b) the address on any summons or other document issued to the offender in connection with the charge giving rise to the fine, unless the person has advised the Registry or the Sheriff that the person has another address. (4) For the purposes of this Act, a person's last known address may be taken to be the person's current address shown in the records of — (a) the Director General; or (b) an electricity corporation; or (c) a government department, or agency, of the Commonwealth. (5) A document sent by post to a person under subsection (2) is to be taken as having been served on the person. (6) Section 75 of the Interpretation Act 1984 does not apply to a document issued under this Act. [Section 5 amended: No. 76 of 1996 s. 30; No. 3 of 2008 s. 5(3); No. 48 of 2012 s. 5; No. 25 of 2013 s. 43(4); No. 25 of 2020 s. 11.] 5A. Service by electronic means (1) If under this Act information or a document or notice must or may be given to or served on a person, it may, with the consent of that person or in other circumstances specified in the regulations, be given or served by electronic means in accordance with the regulations. (2) Subsection (1) does not apply to giving or serving — (a) any document that under this Act must be served personally, other than any of the following — (i) an order to attend for work and development under section 47; (ii) a work and development order; [(b), (c) deleted] (d) a document under section 21(4)(b); (e) a summons or arrest warrant issued under section 52Q; (f) any information or a document or notice under Part 7, other than a garnishee order under section 95O or 95V; (g) subject to section 105, an enforcement warrant or a warrant of commitment issued under this Act. (3) Subsection (1) does not limit the operation of section 76 of the Interpretation Act 1984. [Section 5A inserted: No. 3 of 2008 s. 5(1); amended: No. 48 of 2012 s. 43; No. 20 of 2013 s. 75; No. 25 of 2020 s. 12.] 5B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies (1) The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act. (2) Subsection (1) is subject to section 5A(2). [Section 5B inserted: No. 20 of 2013 s. 76.] 5C. Act binds Crown This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. [Section 5C inserted: No. 25 of 2020 s. 13.] Part 2 — Fines Enforcement Registry 6. Registry established As part of the Magistrates Court, a registry called the Fines Enforcement Registry is established. [Section 6 amended: No. 59 of 2004 s. 107.] 7. Registrar (1) Under Part 3 of the Public Sector Management Act 1994, a person is to be appointed as the Registrar of the Registry. (2) The Registrar is an officer of the Magistrates Court and the functions of the Registrar are to be taken to be functions of that Court. (3) Any notice, order or warrant issued by the Registrar is to be taken to be a notice, order or warrant issued by the Magistrates Court. [Section 7 amended: No. 14 of 2003 s. 4; No. 59 of 2004 s. 107.] 7A. Registrar may delegate (1) The Registrar may delegate to a person any power or duty of the Registrar under another provision of this Act other than — (aa) the power under section 21A to issue an enforcement warrant; and (a) the power under section 45 to issue an enforcement warrant; and (b) the power under section 52F to issue a fine expiation order. (2) The delegation must be in writing signed by the Registrar. (3) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (4) Nothing in this section limits the ability of the Registrar to perform a function through an officer or agent. [Section 7A inserted: No. 14 of 2003 s. 5; amended: No. 48 of 2012 s. 6 and 43; No. 25 of 2020 s. 14.] 8. Payments to Registry (1) Payment under this Act of any amount to the Registry is to be made in such manner and at such places as the Registrar determines from time to time. (2) Documents issued under this Act by the Registrar are to contain information about the manner in which and the places at which payments to the Registry may be made. 9. Registrar exempt from fees The Registrar is exempt from paying fees under the Electoral Act 1907 and a road law in connection with any matter arising out of or in connection with the performance of his or her functions under this Act. [Section 9 amended: No. 8 of 2012 s. 109.] [10, 10A. Deleted: No. 25 of 2020 s. 15.] 10B. Registrar to keep record of outstanding fines and other amounts payable by young persons (1) In this section — relevant amount means — (a) a fine to which the Young Offenders Act 1994 section 65(1)(a) applies; or (b) a bail undertaking to which the Young Offenders Act 1994 section 65(1)(b) applies; or (c) a recognisance to which the Young Offenders Act 1994 section 65(1)(c) applies; young person has the meaning given in the Young Offenders Act 1994 section 3. (2) The Registrar must maintain a record of all relevant amounts to which this section applies, including details of — (a) the young person by whom the relevant amount is payable; and (b) the time specified by the court within which the relevant amount is to be paid; and (c) any order of the court that the relevant amount is to be paid in instalments; and (d) the payment of the relevant amount or of any instalment of the relevant amount; and (e) when the young person by whom the relevant amount is payable has defaulted in the payment of the relevant amount or of any instalment of the relevant amount. (3) As soon as practicable after the record maintained by the Registrar under subsection (2) indicates that, in relation to a relevant amount, a young person has defaulted in the payment of the relevant amount or of any instalment of the relevant amount, the Registrar must notify the default to — (a) in the case of a fine, the court that imposed the fine; or (b) in the case of a bail undertaking or a recognisance, the court that ordered the bail undertaking or recognisance to be forfeited. [Section 10B inserted: No. 20 of 2013 s. 77.] Part 3 — Infringement notices Division 1 — Preliminary 11. Terms used In this Part — alleged offence means the offence that an infringement notice alleges has been committed; alleged offender means the person to whom an infringement notice is issued; election means an election in writing to have a charge for an alleged offence heard and determined by a court; enforcement fees means prescribed fees imposed in connection with proceedings under this Act in relation to an infringement notice and includes the registration fee referred to in section 16; enforcement warrant means a warrant issued under section 21A; infringement notice means a notice issued under a written law, other than this Act, to a person alleging the commission of an offence and offering the person an opportunity, by paying an amount of money prescribed under the written law and specified in the notice, to have the matter dealt with out of court; licence suspension order means an order made under section 19; prescribed enactment means a principal enactment that under section 12(1) is prescribed as an enactment to which this Part applies; principal enactment, in relation to an infringement notice, means the written law under which an infringement notice is issued; prosecuting authority, in relation to an infringement notice, means the person who or which, under the principal enactment, administers the issuing of, and any subsequent proceedings in relation to, the notice; prosecuting officer means a person designated as such in a notice given to the Registrar under section 13(2); registered means registered with the Registry for enforcement under section 16; time to pay order means an order made under section 21C, as amended from time to time; unpaid infringement amount, in relation to a registered infringement notice, means that amount of the modified penalty or outstanding balance of the modified penalty, and enforcement fees, specified in the order to pay or elect or balance payment order for the infringement notice that has not been paid or recovered under an enforcement warrant. [Section 11 amended: No. 84 of 2004 s. 80; No. 48 of 2012 s. 9; No. 25 of 2020 s. 16; No. 15 of 2024 s. 40.] 12. Application (1) This Part does not apply to an infringement notice unless the principal enactment is prescribed as an enactment to which this Part applies. (2) This Part does not apply to an infringement notice unless the prosecuting authority in relation to the notice has been approved under section 13(1). (3) This Part does not apply to an infringement notice issued to an alleged offender who, at the time of the alleged offence, was under 17 years old. 13. Approved prosecuting authorities and officers (1) For the purposes of this Part, the Registrar may approve a prosecuting authority as a prosecuting authority to which this Part applies. (2) The Registrar is not to approve a prosecuting authority unless the authority gives the Registrar written notice of those officers of the authority that are designated as prosecuting officers for the purposes of and in accordance with sections 16 and 22. (3) A prosecuting authority at any time may amend the written notice of designated prosecuting officers. Division 2 — Enforcement of infringement notices 14. Final demand may be issued if modified penalty not paid (1) This section applies if — (aa) section 14A does not apply; and (a) an infringement notice has been issued; and (b) the infringement notice has not been withdrawn; and (c) the modified penalty has not been paid as required by the infringement notice; and (d) the time for paying the modified penalty has elapsed. (1A) The prosecuting authority may issue a final demand in relation to the infringement notice. (2) A final demand must be served on the alleged offender. (3) A final demand must identify the infringement notice concerned and the alleged offence. (4) A final demand must contain a statement to the effect that unless within 28 days after the date of issue of the final demand — (a) the modified penalty, and enforcement fees, specified in the final demand are paid to the person to whom or which, under the principal enactment, the modified penalty is to be paid; or (b) an election is made by the alleged offender and given to the person to whom or which, under the principal enactment, the modified penalty is to be paid, the infringement notice may be registered with the Registry after which a licence suspension order may be made and further enforcement fees may be imposed. (5) A final demand must contain such information as may be prescribed. [Section 14 amended: No. 15 of 2024 s. 41.] 14A. Final demand may be issued if instalment under Road Traffic (Administration) Act 2008 Part 5 not paid (1) This section applies if — (a) an infringement notice is served under the Road Traffic (Administration) Act 2008 Part 5 Division 2 Subdivision 1, 2 or 3 on an alleged offender who is an individual; and (b) the infringement notice is not withdrawn; and (c) the alleged offender pays a first instalment of the modified penalty within the initial payment period as defined in the Road Traffic (Administration) Act 2008 section 91(2)(a); and (d) the alleged offender fails to pay a subsequent instalment of the modified penalty in accordance with regulations made for the purposes of the Road Traffic (Administration) Act 2008 section 95(4). (2) The prosecuting authority may issue a final demand in relation to the infringement notice. (3) The final demand must be served on the alleged offender. (4) The final demand must — (a) identify the infringement notice concerned and the alleged offence; and (b) set out the amount (the outstanding balance) of the modified penalty that remains unpaid and the applicable enforcement fees; and (c) state that, unless the outstanding balance and enforcement fees are paid in the manner specified in the notice within 28 days after the date of issue of the final demand — (i) the infringement notice may be registered with the Registry; and (ii) if the infringement notice is registered, a licence suspension order may be made and further enforcement fees may be imposed; and (d) state that the alleged offender cannot, under the Road Traffic (Administration) Act 2008 section 92(2)(b)(i), make an election to have a charge for the alleged offence heard and determined by a court; and (e) set out any other matter prescribed by the regulations. [Section 14A inserted: No. 15 of 2024 s. 42.] 15. Infringement notice may be registered The prosecuting authority in relation to an infringement notice may register the infringement notice — (a) if — (i) a final demand in relation to the infringement notice is issued under section 14; and (ii) 28 days have elapsed since the date of issue of the final demand; and (iii) the modified penalty, and enforcement fees, specified in the final demand have not been paid in accordance with the final demand; and (iv) an election has not been made by the alleged offender in accordance with the final demand; or (b) if — (i) a final demand in relation to the infringement notice is issued under section 14A; and (ii) 28 days have elapsed since the date of issue of the final demand; and (iii) the outstanding balance of the modified penalty, and enforcement fees, specified in the final demand have not been paid in accordance with the final demand. [Section 15 inserted: No. 15 of 2024 s. 43.] 16. Registration of infringement notice: enforcement certificate (1) To register an infringement notice with the Registry for enforcement, a prosecuting authority must give the Registry — (a) an enforcement certificate signed by a prosecuting officer of the authority; and (b) any information prescribed by the regulations, and must pay the prescribed registration fee, if applicable. (2) An enforcement certificate must identify the alleged offender to whom, and the alleged offence to which, it relates and must state that — (a) on a date specified in the certificate an infringement notice was, in accordance with the principal enactment, issued to the alleged offender in respect of the alleged offence; and (b) on a date specified in the certificate a final demand was, in accordance with section 14 or 14A, served on the alleged offender; and (c) the final demand was served after — (i) if the final demand was served under section 14 — the time for payment of the modified penalty in accordance with the infringement notice had elapsed; or (ii) if the final demand was served under section 14A — the time for payment of the instalment referred to in section 14A(1)(d) had elapsed; and (d) as at the date of the lodging of the certificate — (i) 28 days have elapsed since the date of issue of the final demand; and (ii) the modified penalty or outstanding balance of the modified penalty, and enforcement fees, specified in the final demand have not been paid in accordance with the final demand; and (iii) if the final demand was issued under section 14 — an election has not been made by the alleged offender in accordance with the final demand; and (iv) proceedings, other than under this Part, have not been commenced in respect of the alleged offence; and (v) proceedings under this Part in respect of the alleged offence have not been withdrawn under section 22. (3) An enforcement certificate may relate to more than one infringement notice and, if it does, the prescribed registration fee, if applicable, must be paid in respect of each infringement notice registered. (4) For the purposes of this section a prosecuting officer must be a person who, under the principal enactment, is empowered to commence a prosecution for the alleged offence. (5) If the law limits the time within which proceedings for an alleged offence may be commenced, an enforcement certificate in relation to an infringement notice issued for that alleged offence must not be lodged after that time limit has expired. (6) After an infringement notice is registered with the Registry, payment of the whole or any part of the modified penalty and enforcement fees must not be accepted other than by or on behalf of the Registrar. (7) The Registrar is to cause an enforcement certificate to be registered in a register kept at the Registry, in such form as the Registrar considers appropriate, for the purposes of this Part. [Section 16 amended: No. 84 of 2004 s. 80; No. 25 of 2020 s. 17; No. 15 of 2024 s. 44.] 17. Order to pay or elect (1) If under section 16 an infringement notice in relation to which a final demand is issued under section 14 is registered with the Registry, the Registrar must issue an order to pay or elect to the alleged offender. (2A) An order to pay or elect must not relate to more than one registered infringement notice. (2) An order to pay or elect must be served on the alleged offender. (3) An order to pay or elect is an order that within 28 days after the date of issue of the order either — (a) the modified penalty, and enforcement fees, specified in the order must be paid to the Registry; or (b) an election under section 21 must be made by the alleged offender. (4) An order to pay or elect must advise the alleged offender that if the order is not complied with, the Registrar may make a licence suspension order or issue an enforcement warrant. (5) The Registrar must notify the prosecuting authority of the making of an order to pay or elect and the date on which it was issued. [Section 17 amended: No. 48 of 2012 s. 10; No. 25 of 2020 s. 18; No. 15 of 2024 s. 45.] 17A. Balance payment order (1) If under section 16 an infringement notice in relation to which a final demand is issued under section 14A is registered with the Registry, the Registrar must issue a balance payment order to the alleged offender. (2) A balance payment order must not relate to more than 1 registered infringement notice. (3) A balance payment order must be served on the alleged offender. (4) A balance payment order is an order that, within 28 days after the date of issue of the order, the outstanding balance of the modified penalty, and enforcement fees, specified in the order must be paid to the Registry. (5) A balance payment order must advise the alleged offender that if the order is not complied with, the Registrar may make a licence suspension order or issue an enforcement warrant. [Section 17A inserted: No. 15 of 2024 s. 46.] 18. Notice of intention to enforce (1) The Registrar may issue a notice of intention to enforce in relation to an infringement notice — (a) if — (i) an order to pay or elect is issued in relation to the infringement notice; and (ii) 28 days have elapsed since the date of issue of the order to pay or elect; and (iii) the unpaid infringement amount in respect of the infringement notice has not been paid to the Registry; and (iv) an election under section 21 has not been made by the alleged offender; or (b) if — (i) a balance payment order is issued in relation to the infringement notice; and (ii) 28 days have elapsed since the date of issue of the balance payment order; and (iii) the unpaid infringement amount in respect of the infringement notice has not been paid to the Registry. (2) A notice of intention to enforce must be served on the alleged offender. (3) A notice of intention to enforce must contain a statement to the effect that the Registrar may make a licence suspension order, or issue an enforcement warrant, in respect of the alleged offender unless on or before a date specified in the notice (the due date) — (a) in the case of a notice of intention to enforce issued in relation to an order to pay or elect — (i) the unpaid infringement amount is paid to the Registry; or (ii) an election under section 21 is made by the alleged offender; or (b) in the case of a notice of intention to enforce issued in relation to a balance payment order — the unpaid infringement amount is paid to the Registry. (4) The due date must not be earlier than 28 days after the date of issue of the notice of intention to enforce. (5) A notice of intention to enforce must also — (a) state the date and time when the licence suspension order will have effect if it is made; and (b) explain that if a licence suspension order is made it will generally not be cancelled until the unpaid infringement amount is paid; and (c) explain the terms of the licence suspension order that may be made; and (ca) state that a licence suspension order cannot be made in respect of an alleged offender who is an individual if the alleged offender's last known address is in a remote area; and (cb) explain the effect of section 19(2A)(b) and advise an alleged offender who is an individual to give the Registrar any information about the alleged offender's personal circumstances that is relevant to whether section 20A(3) would apply if a licence suspension order were made; and (da) in the case of a notice of intention to enforce issued in relation to an order to pay or elect — state that, if the Registrar issues an enforcement warrant, the alleged offender will cease to be entitled to make an election under section 21 in relation to the infringement notice to which the warrant relates; and (daa) state that, if the Registrar issues an enforcement warrant, the alleged offender will be required to pay the unpaid infringement amount specified in the warrant; and (db) state the effect that an enforcement warrant will have if it is issued; and (d) contain such other information as is prescribed. [Section 18 amended: No. 48 of 2012 s. 11; No. 25 of 2020 s. 19; No. 15 of 2024 s. 47.] 19. Licence suspension order (1) The Registrar may make a licence suspension order in respect of an alleged offender to whom an infringement notice is issued — (a) if — (i) an order to pay or elect and notice of intention to enforce are issued in relation to the infringement notice; and (ii) the due date specified in the notice of intention to enforce has passed; and (iii) the unpaid infringement amount in respect of the infringement notice has not been paid to the Registry; and (iv) the alleged offender has not made an election under section 21; or (b) if — (i) a balance payment order and notice of intention to enforce are issued in relation to the infringement notice; and (ii) the due date specified in the notice of intention to enforce has passed; and (iii) the unpaid infringement amount in respect of the infringement notice has not been paid to the Registry. (1A) Subsection (1) applies whether or not an enforcement warrant issued under section 21A is in force. (2) A licence suspension order is an order as to such of the matters in subsections (3) and (4) as the Registrar thinks fit. (2A) The Registrar cannot make a licence suspension order in respect of an alleged offender who is an individual if — (a) the alleged offender's last known address is in a remote area; or (b) the alleged offender has given the Registrar information about the alleged offender's personal circumstances that gives the Registrar reasonable grounds to believe that section 20A(3) would apply to the alleged offender if the licence suspension order were made. (3) If the alleged offender is an individual a licence suspension order may disqualify the alleged offender from one of the following: (a) from holding or obtaining a driver's licence; or (b) from holding or obtaining a vehicle licence in respect of those vehicles specified in the order; or (c) from holding or obtaining a vehicle licence in respect of any vehicle. (4) If the alleged offender is a body corporate a licence suspension order may disqualify the alleged offender from one of the following: (a) from holding or obtaining a vehicle licence in respect of those vehicles specified in the order; or (b) from holding or obtaining a vehicle licence in respect of any vehicle. (5) A licence suspension order has effect on the date and at the time specified in the order, but the date and time must not be earlier than the date and time stated in the notice of intention to enforce and must not be earlier than when the order is made. (6) If the Registrar makes a licence suspension order, the Registrar must — (a) issue a notice confirming licence suspension; and (b) advise the Director General of the terms of the order forthwith. (7) A notice confirming licence suspension must be served on the alleged offender. (8) A notice confirming licence suspension must — (a) state that a licence suspension order has been made and explain the terms of the order; and (b) state the date and time when the licence suspension order has effect; and (c) explain that an alleged offender who is an individual can request that the order be cancelled under section 20A(1). (9) For the purposes of this Act and a road law, a licence suspension order — (a) takes effect on the date and at the time specified in the order; and (b) is in force from the time it takes effect to the time when it is cancelled; and (c) is concurrent with any other period for which the alleged offender is disqualified from holding or obtaining a driver's licence. [Section 19 amended: No. 76 of 1996 s. 30; No. 8 of 2012 s. 109; No. 48 of 2012 s. 12; No. 25 of 2020 s. 20; No. 15 of 2024 s. 48.] 20. Cancelling licence suspension orders (1) If after a licence suspension order is made — (a) the relevant modified penalty, or outstanding balance of a modified penalty, and the associated enforcement fees are paid to the Registry or recovered under an enforcement warrant; or (b) the alleged offender makes an election under section 21, the licence suspension order is to be taken as having been cancelled at the time of the making of the payment or of the election, as the case may be. (2) Even if neither payment nor an election is made, the Registrar, at any time, may cancel a licence suspension order for good reason. (2A) The Registrar must cancel a licence suspension order if the alleged offender gives the Registrar a notice stating that the alleged offender's current address is in a remote area. (2B) A notice under subsection (2A) must be in the approved form and accompanied by any documentation or evidence required by the approved form. (3) If a licence suspension order is cancelled under subsection (2) or (2A) or section 20A(5)(b), the Registrar must issue a notice of cancellation. (4) A notice of cancellation must be served on the alleged offender. (5) If a licence suspension order is cancelled under this section or section 20A(5)(b), the Registrar must advise the Director General forthwith. (6) For the purposes of a road law, the cancellation of a licence suspension order takes effect when the order is cancelled. [Section 20 amended: No. 76 of 1996 s. 30; No. 8 of 2012 s. 109; No. 48 of 2012 s. 13; No. 25 of 2020 s. 21; No. 15 of 2024 s. 49.] 20A. Alleged offender may request cancellation of licence suspension order (1) An alleged offender who is an individual may, in accordance with the regulations, request the Registrar to cancel a licence suspension order that has been made in respect of the alleged offender and an infringement notice. (2) A request under subsection (1) cannot be made if an election has been made under section 21. (3) A request under subsection (1) may be made by an alleged offender if — (a) the licence suspension order deprives the alleged offender of — (i) the means of obtaining urgent medical treatment for an illness, disease or disability known to be suffered by the alleged offender or a member of the alleged offender's family; or (ii) the principal means of obtaining income with which to pay the unpaid infringement amount; or (b) the licence suspension order seriously hinders the alleged offender in performing family or personal responsibilities. (4) Without limiting subsection (3)(a)(ii), the Registrar may, for the purposes of that subsection, consider the effect that the licence suspension order has had or will have on the ability of the alleged offender to seek or obtain employment. (5) If the Registrar is satisfied that subsection (3) applies to the alleged offender, the Registrar — (a) must agree to the request; and (b) must cancel the licence suspension order; and (c) cannot make another licence suspension order under section 19 in respect of the alleged offender and the infringement notice unless — (i) the Registrar is satisfied that subsection (3) no longer applies to the alleged offender; or (ii) the Registrar makes a request under section 20B(2) and the alleged offender does not comply with the request. [Section 20A inserted: No. 25 of 2020 s. 22.] 20B. Registrar may request further information (1) This section applies if the Registrar — (a) does not make a licence suspension order in respect of an alleged offender because of section 19(2A)(b); or (b) agrees to an alleged offender's request under section 20A(1) to cancel a licence suspension order. (2) The Registrar may request the alleged offender to provide, by a specified date, information or evidence in relation to whether section 20A(3) would apply if a licence suspension order were made in relation to the alleged offender. (3) The request must be in writing and must be served on the alleged offender. (4) The Registrar must not make a request under subsection (2) more than once in every period of 12 months unless the Registrar is advised that the personal circumstances of the alleged offender have changed. (5) If the alleged offender does not comply with a request under subsection (2) the Registrar may, for the purposes of section 19(2A)(b), presume that section 20A(3) would not apply to the alleged offender if a licence suspension order were made. [Section 20B inserted: No. 25 of 2020 s. 22.] 21A. Enforcement warrant (1) The Registrar may issue an enforcement warrant in relation to an alleged offender and infringement notice — (a) if — (i) an order to pay or elect and notice of intention to enforce are issued in relation to the infringement notice; and (ii) the due date specified in the notice of intention to enforce has passed; and (iii) the unpaid infringement amount in respect of the infringement notice has not been paid to the Registry; and (iv) the alleged offender has not made an election under section 21; or (b) if — (i) a balance payment order and notice of intention to enforce are issued in relation to the infringement notice; and (ii) the due date specified in the notice of intention to enforce has passed; and (iii) the unpaid infringement amount in respect of the infringement notice has not been paid to the Registry. (1A) Subsection (1) applies whether or not a licence suspension order made under section 19 is in force. (2) An enforcement warrant must be in the prescribed form and be directed to the Sheriff. (3) An enforcement warrant must specify the unpaid infringement amount in respect of the infringement notice. (4) An enforcement warrant must be executed under Part 7. (5) The Registrar may at any time cancel an enforcement warrant for good reason. [Section 21A inserted: No. 48 of 2012 s. 14; amended: No. 25 of 2020 s. 23; No. 15 of 2024 s. 50.] Division 2A — Time to pay orders [Heading inserted: No. 25 of 2020 s. 24.] 21B. Application for time to pay order (1) An alleged offender may apply to the Registrar for a time to pay order in respect of an infringement notice that has been registered. (2) An application under subsection (1) must be made in accordance with the regulations and must include an offer to pay the unpaid infringement amount in respect of the infringement notice before a specified date or by regular instalments. (3) An application under subsection (1) — (a) can be made at any time after the infringement notice is registered, whether or not a licence suspension order is in force in respect of the alleged offender and the infringement notice; but (b) cannot be made if — (i) an enforcement warrant is in force in relation to the alleged offender and the infringement notice; or (ii) the alleged offender has made an election under section 21. [Section 21B inserted: No. 25 of 2020 s. 24.] 21C. Making time to pay order (1) On an application under section 21B, the Registrar may require the alleged offender to undergo a means test. (2) On an application under section 21B, the Registrar, if the Registrar thinks fit, may make a time to pay order. (3) The Registrar must make a time to pay order on an application under section 21B if the Registrar is satisfied that — (a) the alleged offender does not have the means to pay the unpaid infringement amount in respect of the infringement notice within 28 days after the application is made; and (b) the alleged offender's offer to pay the unpaid infringement amount by a specified date or by regular instalments is reasonable; and (c) either — (i) the alleged offender has not previously contravened a time to pay order under this Act (including a time to pay order in relation to a different infringement notice or a time to pay order made under section 33); or (ii) there is a reasonable excuse for any previous contravention by the alleged offender of a time to pay order under this Act. (4) A time to pay order may require the alleged offender — (a) to pay the unpaid infringement amount in respect of the infringement notice before a set date that is later than 28 days after the day on which the time to pay order is made; or (b) to pay the unpaid infringement amount in respect of the infringement notice by instalments on or before set dates. (5) A time to pay order must be served on the alleged offender. (6) If the Registrar refuses to make a time to pay order on an application under section 21B, notice of the refusal must be served on the alleged offender. [Section 21C inserted: No. 25 of 2020 s. 24.] 21D. Alleged offender may apply to have time to pay order amended (1) An alleged offender who has obtained a time to pay order in respect of an infringement notice may apply to the Registrar, in accordance with the regulations, to have the time to pay order amended. (2) On an application the Registrar may require the alleged offender to undergo a means test. (3) On an application the Registrar, if the Registrar thinks fit, may amend a time to pay order. (4) An amended time to pay order must be served on the alleged offender. (5) If the Registrar refuses to amend a time to pay order, notice of the refusal must be served on the alleged offender. [Section 21D inserted: No. 25 of 2020 s. 24.] 21E. Registrar may amend time to pay order (1) The Registrar may at any time request an alleged offender who has obtained a time to pay order in respect of an infringement notice to undergo a means test. (2) The request must be in writing and must be served on the alleged offender. (3) After means testing the alleged offender, the Registrar, if the Registrar thinks fit, may amend the time to pay order. (4) An amended time to pay order must be served on the alleged offender. (5) The Registrar must not require an alleged offender to undergo a means test more than once in every period of 12 months, unless the Registrar is advised that the financial circumstances of the alleged offender have changed. [Section 21E inserted: No. 25 of 2020 s. 24.] 21F. Payments ordered must be within means of alleged offender In making or amending a time to pay order, the Registrar must ensure that any payment to be made under the order is within the alleged offender's means to pay it. [Section 21F inserted: No. 25 of 2020 s. 24.] 21G. Registrar may cancel time to pay order (1) The Registrar may cancel a time to pay order if the alleged offender — (a) contravenes the order; or (b) does not comply with a request made under section 21E(1). (2) Notice of the cancellation must be served on the alleged offender. [Section 21G inserted: No. 25 of 2020 s. 24.] 21H. Enforcement action suspended while time to pay order is in force (1) If the Registrar makes a time to pay order in respect of an infringement notice, the Registrar must, as soon as practicable, cancel any licence suspension order in force in relation to the infringement notice. (2) If a time to pay order is in force in respect of an infringement notice, the Registrar must not, despite any other provision of this Part — (a) issue a notice of intention to enforce under section 18 in relation to the infringement notice; or (b) make a licence suspension order in relation to the infringement notice; or (c) issue an enforcement warrant in relation to the infringement notice. [Section 21H inserted: No. 25 of 2020 s. 24.] Division 3 — Miscellaneous 21. Election by alleged offender or prosecuting authority (1) Despite any other provision in this Part, at any time that is — (a) after an infringement notice in relation to which a final demand is issued under section 14 is registered with the Registry; and (b) before the modified penalty and enforcement fees, or any part of them, is paid; and (c) before a time to pay order is made under section 21C; and (d) before an enforcement warrant is issued in respect of the modified penalty and enforcement fees, the alleged offender or the prosecuting authority that registered the notice may make an election. (2) An election made by a prosecuting authority must be signed by a prosecuting officer of the prosecuting authority who is empowered to sign an enforcement certificate in respect of the alleged offence. (3) An election under subsection (1) must be given to the Registrar. (4) If an election is made under subsection (1), the Registrar must — (a) lodge with a court of summary jurisdiction that has jurisdiction to deal with the alleged offence and the alleged offender a prosecution notice in relation to the alleged offence that contains such of the information provided to the Registrar under section 16(1)(b) as will sufficiently describe the prosecuting authority, the alleged offender and the alleged offence; and (b) serve the alleged offender with a copy of the prosecution notice and a court hearing notice that complies with the Criminal Procedure Act 2004; and (c) notify the prosecuting authority that the prosecution notice has been lodged and give the authority a copy of the notice and a copy of the court hearing notice referred to in paragraph (b). (5) When a prosecution notice is lodged with a court under subsection (4)(a) — (a) the notice is to be taken to have been made in accordance with the Criminal Procedure Act 2004, without being verified on oath, before the Registrar by the person who signed the enforcement certificate; and (b) the prosecution is to be taken to have been commenced on the day when the enforcement certificate was lodged. [(6) deleted] (7) For the purposes of subsection (1)(b) a modified penalty and enforcement fees, or any part of them, are to be taken to have been paid even if payment was by means of a dishonoured payment. [Section 21 amended: No. 51 of 2000 s. 4; No. 59 of 2004 s. 97; No. 84 of 2004 s. 43; No. 3 of 2008 s. 4(2); No. 48 of 2012 s. 15; No. 25 of 2020 s. 25; No. 15 of 2024 s. 51.] 22. Prosecuting authority may withdraw proceedings (1) At any time after a final demand has been sent by a prosecuting authority to an alleged offender in respect of an infringement notice, the prosecuting authority may, whether or not the modified penalty and enforcement fees, or any part of them, has been paid, withdraw proceedings under this Part in respect of the infringement notice. (2) To withdraw proceedings a prosecuting authority must — (a) serve the alleged offender with a notice of withdrawal in the prescribed form; and (b) if the infringement notice was registered with the Registry, give the Registrar a copy of the notice of withdrawal. (3) A notice of withdrawal must be signed by a person who is a prosecuting officer of the prosecuting authority. (4) When proceedings are withdrawn under this section — (a) the enforcement certificate relating to the infringement notice ceases to have effect to the extent that it refers to that infringement notice; and (b) if a licence suspension order has been made in respect of the alleged offender in respect of the alleged offence — (i) the order is to be taken as having been cancelled at the time the Registrar is given the copy of the notice of withdrawal; and (ii) the Registrar must notify the Director General of the cancellation forthwith; and (ca) if an enforcement warrant has been issued in respect of the alleged offender and the infringement notice — the warrant is cancelled; and (c) if a prosecution has been commenced under section 21(4) in respect of the alleged offence but not determined — (i) it is, by virtue of this section, discontinued; and (ii) the Registrar must forthwith notify the Magistrates Court or the Children's Court, as the case requires, of the discontinuance. (5) If proceedings are withdrawn under this section — (a) the alleged offender is to be refunded any amount paid under this Part by the alleged offender in respect of the alleged offence; and (b) if — (i) an enforcement warrant was issued in respect of the infringement notice; and (ii) property of the alleged offender was seized and sold under the enforcement warrant before it was cancelled under subsection (4)(ca), the alleged offender is to be paid an amount equal to the market value of the sold property; and (c) if — (i) an enforcement warrant was issued in respect of the infringement notice; and (ii) under the enforcement warrant, a vehicle licence cancellation and disqualification order was made under section 95J in respect of a vehicle of the alleged offender, the alleged offender is to be paid an amount calculated in accordance with the regulations; and (d) if any amount has been paid to the Sheriff under a garnishee order issued under an enforcement warrant that was issued in respect of the infringement notice, the alleged offender is to be refunded that amount; and (e) if any administration fee of a kind referred to in section 95Z has been charged by the bank in relation to a garnishee order referred to in paragraph (d), the alleged offender is to be paid an amount equal to that fee by the Sheriff. Note for this subsection: If the alleged offence to which an infringement notice relates is the offence under the Road Traffic (Vehicles) Act 2012 section 10(6), particular amounts paid under the infringement notice cannot be refunded: see the Road Traffic (Administration) Act 2008 section 82(4). [Section 22 amended: No. 76 of 1996 s. 30