Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a member of
the Police Force or warden has reason to believe that a person has committed
any such offence against this Act as is prescribed for the purposes of this
section, he may serve on that person a notice, in the prescribed form, (a
traffic 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.
(2) A traffic
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 ascertained pursuant to an inquiry made under section 58.
(2a) If the offence
against section 24(2d) is prescribed for the purposes of this section a
traffic infringement notice issued for an alleged offence against that
section, in addition to specifying the prescribed penalty for that offence,
may specify —
(a) the
prescribed transfer fee; and
(b) the
amount payable under a taxation Act, as defined in the Taxation
Administration Act 2003 Glossary, in respect of the transfer of the
licence,
and, for the purposes
of subsections (1), (4), (5), (6), (7) and (7a) and the
Fines, Penalties and Infringement Notices Enforcement Act 1994 , a
reference to the prescribed penalty is to be taken as being a reference to the
sum of the prescribed penalty and those 2 other amounts.
(2b) A traffic
infringement notice issued for an alleged offence against section 24(2d)
may be served on the alleged offender personally or by posting it to the
alleged offender’s address as ascertained from a person under
section 24(1) or otherwise.
[(3) deleted]
(4) A person who
receives a traffic 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) A traffic
infringement notice may, whether or not the prescribed penalty has been paid,
be withdrawn by the sending of a notice, in the prescribed form, signed by a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 traffic
infringement notice has been withdrawn; and, in that event, the amount of any
prescribed penalty that has been paid shall be refunded.
(5a) In
subsection (5) —
alleged offender , in relation to a traffic
infringement notice served on a responsible person under section 102A or
102B, means the responsible person.
(6) Where a prescribed
penalty has been paid pursuant to a traffic 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 the
whole or a part of a penalty pursuant to a traffic infringement notice shall,
for the purposes of sections 51(1)(a) and 76(9)(b), 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 traffic infringement notice was given.
(7a)
Subsection (7) applies even if the payment is made by means of a
dishonoured cheque.
(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, not being offences
punishable by imprisonment or offences in respect of which a court is required
to disqualify the offender from holding or obtaining a driver’s licence,
by setting out the offences or by reference to the provision creating the
offence or by reference to all or any offences in any one Part of any
regulations made under this Act; and
(b)
prescribing penalties not exceeding 20 PU for any prescribed offence or class
of prescribed offence and prescribing different penalties for the one offence,
according to the circumstances by which the offence is attended.
[Section 102 amended by No. 89 of 1978
s. 16 (as amended by No. 82 of 1982 s. 30); No. 105 of
1981 s. 19; No. 11 of 1988 s. 24; No. 60 of 1990
s. 5; No. 13 of 1992 s. 14; No. 92 of 1994 s. 39;
No. 57 of 1995 s. 7; No. 50 of 1997 s. 13; No. 24 of
1999 s. 10; No. 39 of 2000 s. 43; No. 84 of 2004 s. 80; No. 54
of 2006 s. 28; No. 12 of 2008 Sch. 1 cl. 33(4).]