Queensland Consolidated Acts

STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 56

56 Applications for cancellation of enforcement orders

(1) An enforcement debtor may apply in writing to SPER for the cancellation of the relevant enforcement order for any of the following reasons—

(a) the person did not receive—

(i) the infringement notice; or

(ii) any reminder notice the relevant administering authority sent to the person about the infringement notice; or

(iii) the enforcement order;

(b) the person received a notice or order mentioned in paragraph (a) after the time allowed for taking action stated in the notice or order;

(c) the person was prevented by accident or illness or for another similar reason from taking action in relation to the infringement notice or enforcement order;

(d) the person is electing to have the matter of the offence to which the relevant enforcement order relates decided in a Magistrates Court.

(2) The application must be made within the earlier of the following—

(a) 14 days after the debtor becomes aware of the existence of the order;

(b) 6 months after the issue of the relevant enforcement order.

(3) Despite subsection (2) , an application under subsection (1) may be made after the periods mentioned in subsection (2) have ended if the registrar is satisfied the applicant has reasonable grounds for the delay.

(4) A person must not, without the approval of the registrar, make more than 1 application in relation to the relevant enforcement order.