Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A reference in
subsection (2), (3), (5) or (7) to an authorised person is a reference to
a person appointed under subsection (11) 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 against this Act or the by-laws, other than a by-law made under
section 23(1)(w), may, at or about the time the alleged offence is
believed to have been committed, give an infringement notice to the alleged
offender.
(3) An infringement
notice under this section shall be in the prescribed form and shall in every
case —
(a)
contain a description of the alleged offence; and
(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 under this section the amount specified as being the modified penalty
for the offence referred to in the notice shall be the amount that was the
prescribed modified penalty under section 23(1)(ze) at the time the
alleged offence is believed to have been committed.
(5) 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.
(6) Where the modified
penalty specified in an infringement notice under this section has been paid
within 28 days or such further time as is allowed and the notice has not
been withdrawn, the bringing of proceedings and the imposition of penalties
are prevented to the same extent as they would be if the alleged offender had
been convicted by a court of, and punished for, the alleged offence.
(7) An authorised
person may, whether or not the modified penalty has been paid, withdraw an
infringement notice under this section within 28 days after the giving of
the 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stating that the infringement notice has been withdrawn.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infringement notice under this section is withdrawn after the modified penalty
has been paid, the amount shall be refunded.
(9) The amount of any
modified penalty paid pursuant to an infringement notice shall, subject to
subsection (8), be dealt with as if it were a fine imposed by a court as
a penalty for an offence.
(10) Payment of a
modified penalty shall not be regarded as an admission for the purposes of any
proceedings, whether civil or criminal.
(11) The Authority
may, in writing, appoint persons or classes of persons to be authorised
persons for the purposes of subsection (2), (3), (5) 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.
(12) The Authority
shall issue to each person who is authorised to give infringement notices
under this section a certificate stating that the person is so authorised, and
the authorised person shall produce the certificate whenever required to do so
by a person to whom he has given or is about to give an infringement notice.
[Section 53A inserted by No. 64 of 1994
s. 33; amended by No. 78 of 1995 s. 51; No. 31 of 2003
s. 139(1); No. 84 of 2004 s. 80; No. 19 of 2010 s. 60(4).]
[Part IV: s. 54A deleted by No. 87 of 1990 s. 8(1);
s. 56-58 deleted by No. 98 of 1985 s. 3;
s. 60 deleted by
No. 87 of 1990 s. 14;
s. 54, 54AA, 54B-54E, 54EA, 54F-54H, 54J-54M,
55 and 59 deleted by No. 31 of 2003 s. 118.]
[Heading inserted by No. 16 of 1987
s. 7.]