Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this section
prosecutor means a person or local government authorised by or under
section 59 to institute and carry on proceedings against a person for an
offence alleged to be committed against this Act.
(2) Where a prosecutor
has reason to believe that a person has committed any such offence against
this Act as is prescribed for the purposes of this section, the
prosecutor may serve on that person a notice, in the prescribed form (in this
section called an infringement notice ), informing the person that, if he does
not wish to be prosecuted for the alleged offence in a court, he may pay to an
officer specified in the notice, within the time therein specified, the amount
of the penalty prescribed for the offence, if dealt with under this section.
(3) An infringement
notice may be served on an alleged offender personally or by posting it to his
address as ascertained from him, at the time of, or immediately following, the
occurrence giving rise to the allegation of an offence, or as shown (in the
case of an owner of land) in a rate record, kept pursuant to the
Local Government Act 1995 , as his address for the service of rate
notices.
(4) A person who
receives an infringement notice may decline to be dealt with under the
provisions of this section and, where he fails to pay the prescribed penalty
within the time specified in the notice or within such further time as may, in
any particular case, be allowed, he is deemed to have declined to be dealt
with under those provisions.
(5) An infringement
notice may, whether or not the prescribed penalty has been paid, be withdrawn,
at any time within 60 days after the service of the notice, by the
sending of a notice, in the prescribed form, signed by a prescribed officer,
to the alleged offender at his last known place of residence or business,
advising the alleged offender that the infringement notice has been withdrawn,
and, in that event, the amount of any prescribed penalty that has been paid
shall be refunded.
(6) Where a prescribed
penalty has been paid pursuant to an infringement notice and the notice has
not been withdrawn as provided by subsection (5), proceedings shall not
be brought against any person with respect to the offence alleged in the
notice.
(7) The payment of a
penalty pursuant to an infringement notice shall, for the purposes of this
Act, constitute a conviction of an offence, but shall not be regarded as an
admission of liability for the purpose of, nor in any way affect or prejudice,
any civil claim, action or proceeding arising out of the occurrence by reason
of which the infringement notice was given.
(8) The Governor
may make regulations for any purpose for which regulations are contemplated or
required by this section and, in particular, may make regulations —
(a)
prescribing offences for the purposes of this section by setting out the
offences or by reference to the provisions creating the offences; and
(b)
prescribing a penalty for the purposes of this section in respect of any
prescribed offence, which penalty shall be a fine of not more than
$1 000.
[Section 59A inserted by No. 65 of 1977
s. 42; amended by No. 8 of 1987 s. 8; No. 14 of 1996
s. 4; No. 38 of 2002 s. 37 and 39; No. 84 of 2004 s. 80.]