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STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 30
Application to cancel infringement notice for mistake of fact
30 Application to cancel infringement notice for mistake of fact
(1) This section applies to an infringement notice for which a default
certificate for the relevant infringement notice offence has been given to
SPER for registration under section 33 (1) .
(2) If the registrar is
satisfied— (a) a person has been incorrectly named in the infringement
notice as the alleged offender for the relevant infringement notice offence
because of a mistake of fact or the misuse of the name and other particulars
of the person named in the infringement notice; and
(b) the administering
authority has refused to withdraw the relevant infringement notice;
the
registrar may apply to a Magistrates Court for an order cancelling the
infringement notice.
(3) The court may cancel or refuse to cancel the
infringement notice.
(4) The court may decide an application under subsection
(2) on written materials in the absence of a party if the court considers it
appropriate.
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