Paragraph 15 Criminal proceedings

If a notice of intent for a variable monetary penalty is served on any person in relation to a contravention which is an offence (“the related offence”), no criminal proceedings may be instituted against that person in respect of the related offence before the expiry of 28 days beginning with the day on which the notice of intent is served.

If a person pays a variable monetary penalty or discharges liability for a variable monetary penalty within 28 days beginning with the day on which the notice of intent is served, that person may not be convicted of the related offence, unless the contravention is a continuing act or omission.