If a person elects under this Part to have the matter of an infringement offence heard and determined in the Court or the Children's Court, as the case requires or an enforcement agency refers a matter to the Court under this Part or to the Children's Court, as the case requires, the amount of any infringement penalty paid by the person must be refunded and—
(a) if the penalty had been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or
(b) if the penalty had been paid into another fund or account, the penalty is to be refunded from that fund or account.
S. 40 (Heading) amended by No. 47/2014 s. 226(1).