Western Australian Consolidated Acts

PERTH PARKING MANAGEMENT ACT 1999 - SECT 19

19 .         Infringement notices

        (1)         If an inspector has reason to believe that a person has committed a prescribed offence against this Act, the inspector may, within 21 days after the alleged offence is believed to have been committed, give an infringement notice to the alleged offender.

        (2)         An infringement notice must —

            (a)         be in the prescribed form;

            (b)         contain a description of the alleged offence;

            (c)         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 the CEO within 28 days after the date of the notice; and

            (d)         inform the alleged offender how and where the money may be paid.

        (3)         The amount to be specified as being the modified penalty for the alleged offence is the amount that was the prescribed modified penalty at the time the alleged offence is believed to have been committed.

        (4)         The CEO 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.

        (5)         If the modified penalty specified in an infringement notice is paid within 28 days or any further time allowed and the notice has not been withdrawn, the bringing of proceedings and the imposition of penalties are prevented to the same extent as they would be if the alleged offender had been convicted by a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.

        (6)         The CEO may withdraw an infringement notice by giving the alleged offender, within 28 days after the date of the infringement notice, a notice in the prescribed form stating that the infringement notice has been withdrawn.

        (7)         An infringement notice may be withdrawn whether or not the modified penalty specified in the notice has been paid.

        (8)         If an infringement notice is withdrawn after the modified penalty has been paid, the amount is to be refunded.

        (9)         The payment of an amount as a modified penalty is not to be regarded as an admission for the purposes of any proceedings, whether civil or criminal.

        [Section 19 amended by No. 84 of 2004 s. 80.]