Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A forest officer,
wildlife officer, ranger or conservation and land management officer who has
reasonable grounds to believe that a person has committed a prescribed offence
against this Act or the regulations may give to that person an infringement
notice in the prescribed form.
(2) The infringement
notice shall inform the person that if he does not wish to be prosecuted for
the alleged offence in a court he may, within a period of 21 days after
the giving of the notice, pay to the CEO the amount of money specified in the
notice as being the modified penalty for that offence.
(3) In an infringement
notice for an alleged offence the amount of money specified as being the
modified penalty for the offence shall be the amount that is, when the offence
is committed, for the time being prescribed to apply to the offence if it is
dealt with under this section.
(4) An infringement
notice may be given to an alleged offender by handing it to him personally at
or about the time the alleged offence is believed to have been committed or by
posting it to him at his last known address within 14 days after the
occurrence giving rise to the allegation of an offence.
(5) A person to whom
an infringement notice is given may decline to be dealt with under this
section and if the modified penalty is not paid within the period specified in
the notice or within such further period as may, whether before or after the
expiry of the specified period, be allowed by the CEO is deemed to have
declined to be so dealt with.
(6) The CEO may,
whether or not the modified penalty has been paid, withdraw an infringement
notice at any time within a period of 28 days after it was given by
posting to the alleged offender at his last known address a notice of
withdrawal in the prescribed form.
(7) Any amount paid
under an infringement notice that has been withdrawn shall be refunded.
(8) Where the modified
penalty has been paid in accordance with an infringement notice within the
period specified therein or within such further period as is allowed and the
infringement notice has not been withdrawn under subsection (6),
punishment for the alleged offence by a court is barred in the same way as it
would be if the person had been convicted by a court of, and punished for,
that offence.
(9) Payment of a
modified penalty pursuant to an infringement notice shall not be regarded as
an admission for the purposes of any proceedings, whether civil or criminal,
arising out of the occurrence by reason of which the infringement notice was
issued.
[Section 114A inserted by No. 20 of 1991
s. 44; amended by No. 84 of 2004 s. 80; No. 28 of 2006
s. 209.]