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Section 41

Compounding of offences

of Franchise Act 1998

ActIn forceProvision 48 of 73
Section 41
(1)

The Registrar may, with the consent in writing of the Public

Prosecutor, compound any offence committed by any person under this

Act and prescribed by the Minister to be a compoundable offence by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the Registrar of an amount of money not exceeding fifty per cent of the amount of maximum fine for that offence within the time specified in the offer.

(2)

An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted.

(3)

If the amount specified in the offer is not paid within the time specified in the offer or within such extended period as the Registrar may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

(4)

If an offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made.

(5)

All sums of money received by the Registrar under this section shall be paid into and form part of the Federal Consolidated Fund.

Franchise 35