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Figure: Infringement notice procedure: Defendant requests hearing

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The chart shows the steps taken when an infringement notice is issued and the the defendant requests a hearing within 28 days of the notice being issued. The defendant may either:

  • admit liability and make a submission as to the penalty,
  • not admit liability.

In response, the informant may:

  • file notice of hearing in Court and serve a copy of the notice of hearing on the defendant (if the defendant does not admit liability)
  • file notice of hearing in Court and also file defendant's notice admitting liability (if the defendant has admitted liability)
  • take no further action.

If Court action is taken, the outcomes can be either:

  • The Court finds defendant not guilty, and orders the informant to pay costs
  • The Court finds defendant guilty, and orders the defendant to pay find plus $30 costs.

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