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5.—(1) If the person who has received a notice of intent does not discharge liability within 28 days the regulator may serve a final notice imposing a fixed monetary penalty.
(2) The regulator may not serve a final notice on a person where the regulator is satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence to which the notice relates.
(3) A regulator who serves a final notice relating to a fixed monetary penalty may not serve any other notice under these Regulations in relation to the offence.
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