Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In
subsection (2), (3), (6), or (7) —
authorised person means a person appointed under
subsection (13) by the chief executive officer to be an authorised person
for the purposes of the subsection in which the term is used.
(2) An authorised
person who has reason to believe that a person has committed a prescribed
offence under this Act may, within 21 days after the alleged offence is
believed to have been committed, give an infringement notice to the alleged
offender.
(3) An infringement
notice is to be in the prescribed form and is to —
(a)
contain a description of the alleged offence;
(b)
advise that if the alleged offender does not wish to be prosecuted for the
alleged offence in a court, the amount of money specified in the notice as
being the modified penalty for the offence may be paid to an authorised person
within a period of 28 days after the giving of the notice; and
(c)
inform the alleged offender as to who are authorised persons for the purposes
of receiving payment of modified penalties.
(4) In an infringement
notice the amount specified as being the modified penalty for the offence
referred to in the notice is to be the amount that was the prescribed modified
penalty at the time the alleged offence is believed to have been committed.
(5) The modified
penalty that may be prescribed for an offence is not to exceed 20% of the
maximum penalty that could be imposed for that offence by a court.
(6) An authorised
person may, in a particular case, extend the period of 28 days within
which the modified penalty may be paid and the extension may be allowed
whether or not the period of 28 days has elapsed.
(7) An authorised
person may, whether or not the modified penalty has been paid, withdraw an
infringement notice by sending to the alleged offender a notice in the
prescribed form stating that the infringement notice has been withdrawn.
(8) Where an
infringement notice is withdrawn after the modified penalty has been paid, the
amount is to be refunded.
(9)
Subsection (10) applies if the modified penalty specified in an
infringement notice has been paid within 28 days or such further time as
is allowed and the notice has not been withdrawn.
(10) If this
subsection applies it prevents the bringing of proceedings and the imposition
of penalties to the same extent that they would be prevented if the alleged
offender had been convicted by a court of, and punished for, the alleged
offence.
(11) Payment of a
modified penalty is not to be regarded as an admission for the purposes of any
proceedings, whether civil or criminal.
(12) Unless
subsection (8) requires it to be refunded, an amount paid as a modified
penalty is to be dealt with as if it were a penalty imposed by a court as a
penalty for an offence.
(13) The chief
executive officer may, in writing, appoint persons or classes of persons to be
authorised persons for the purposes of subsection (2), (3), (6), or (7)
or for the purposes of 2 or more of those subsections, but a person who is
authorised to give infringement notices under subsection (2) is not
eligible to be an authorised person for the purposes of any of the other
subsections.
(14) The chief
executive officer is to issue to each person who is authorised to give
infringement notices under this section a certificate of that person’s
authorisation, and the authorised person is to produce the certificate
whenever required to do so by a person to whom an infringement notice has been
or is about to be given.
[Section 92A inserted by No. 53 of 2004
s. 73; amended by No. 84 of 2004 s. 80.]
[ 92B. Deleted by No. 14 of 2010 s. 76.]