Figure: Infringement notice procedure: Defendant raises further matters

Text description of figure:

The chart shows the procedure when a defendant raises further matters after being issued an infringement notice. There are three outcomes from this scenario:

• The defendant raises matters but pays the infringement fee (no further action required).
• The defendant raises matters, does not pay the infringement fee, and does not request a hearing within 28 days after the reminder notice was served. The informant may take no further action, or may file the relevant documents with the Court. The Court may order the defendant to pay a fine equal to the infringement fee plus $30 costs.
• The informant serves a reminder notice on the defendant. The defendant requests a hearing within 28 days after service of the reminder notice. The defendant may either:
  • Admit liability and make a submission as to the penalty
  • Not admit liability.
    The informant may then either:
  • Take no further action
  • File notice of hearing in Court and serve a copy of the notice of hearing on the defendant (if the defendant admits liability). The Court may:
    • find the defendant not guilty, and can order the informant to pay costs
    • find the defendant guilty, and orders the defendant to pay the fine plus $30 costs.
  • File notice of hearing in Court and also file defendants notice admitting liability (if the defendant has admitted liability). The court will find the defendant guilty, and order the defendant to pay the fine plus $30 costs.