52 Provisions relating to annulment of enforcement
(1) The State Debt Recovery Office or the Local Court, if dealing with
an application for annulment, may stay enforcement action under the penalty
notice enforcement order subject to such terms and conditions as that Office
or Court thinks fit.
(3) An application may be made for the annulment of a penalty notice
enforcement order completely or only to the extent of some of the penalty
notices to which it applies.
(4) If a penalty notice enforcement order is annulled
(a) the order then ceases to have effect, and
(b) any enforcement action already taken is to be reversed, unless the
same enforcement action is authorised under another penalty notice enforcement
order or a court fine enforcement order, and
(c) enforcement costs are not payable in respect of the issue of the
order and, if paid, are repayable, and
(d) any amount that has been paid under the order is repayable to the
person by whom it was paid, unless the amount was paid to the State Debt
Recovery Office at the time of making an application for the annulment of the
order under section 49 (1) (a).
(5) If a penalty notice enforcement order is annulled only to the
extent of some of the penalty notices to which it applies:
(a) the order continues to have effect in respect of the remaining
penalty notices to which it applies, and
(b) any amount that has been paid under the order is to be applied to
payment of the remaining penalty notices to which it applies and any
enforcement costs in respect of that order.
(6) Despite subsections (4) and (5), any amount paid under a partially
or completely annulled penalty notice enforcement order that would otherwise
be repayable to a person may instead be allocated by the State Debt Recovery
Office towards the payment of amounts payable under any other fine enforcement
order that is in force in relation to the person.
(6A) The State Debt Recovery Office must notify the person concerned of
any allocation made under subsection (6), but a failure to notify the person
does not affect that allocation.
(7) If a penalty notice enforcement order is annulled, the period
within which proceedings for an offence may be instituted in respect of the
matter under section 179 of the Criminal
Procedure Act 1986 or any other Act commences on the date the
order is annulled.