FINES REFORM ACT 2014 - SECT 10Y Enforcement agency may prosecute or withdraw infringement notice

FINES REFORM ACT 2014 - SECT 10Y

    (1)     An enforcement agency to which the Director refers an infringement offence under section 10X(2) may—

        (a)     withdraw the infringement notice by issuing a withdrawal notice under section 19 of the Infringements Act 2006 and—

              (i)     take no further action against the person; or

              (ii)     issue an official warning to the person; or

        (b)     file a charge-sheet charging the offence alleged to have been committed.

    (2)     If an enforcement agency to which the Director refers an infringement offence under section 10X(2) commences a proceeding for the alleged offence by filing a charge-sheet under subsection (1)(b), the period during which a proceeding for that alleged offence may be commenced is extended by 6 months after the date that the Director refers the infringement offence to the enforcement agency.

    (3)     Subsection (2) has effect despite section 7(1) of the Criminal Procedure Act 2009 or any other provision of any Act or other instrument providing for the period during which any proceeding must be commenced for an offence alleged to have been committed.

Division 6—Review of family violence scheme

S. 10Z inserted by No. 59/2017 s. 5.