Queensland Consolidated Acts

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STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 115

Effect of particular proceedings

115 Effect of particular proceedings

(1) If, for an offence—
(a) a person served with an infringement notice—
(i) pays the amount owing under an enforcement order for the offence in full; or
(ii) pays the amount stated in an enforcement order for the offence under a payment plan; or
(iii) is subject to a work and development order for the amount stated in an enforcement order for the offence; or
(b) an enforcement warrant, an immobilisation warrant or an arrest and imprisonment warrant is enforced against a person served with an infringement notice for the amount owing under an enforcement order for the offence;
the proceedings that may be brought against, and the penalties that may be imposed on, the person for the offence are limited to proceedings and penalties that could be brought or imposed if the person had already been convicted of, and punished for, the offence.
(2) Subsection (1) (a) stops applying if the enforcement order is withdrawn or cancelled after the amount is paid.
(3) The making of the enforcement order is not a conviction for the offence.
(4) Payment of an amount for the offence is not an admission for any civil or criminal proceeding arising out of the event for which the infringement notice was issued.
(5) The Governor may waive all or part of an unpaid amount stated in an enforcement order, whether or not any part of the amount is payable to someone other than the State, and on the giving of the waiver the enforcement order stops having effect to the extent of the waiver.



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