Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
alleged offence , in relation to an infringement
notice, means offence to which the infringement notice relates;
alleged offender , in relation to an infringement
notice, means the person to whom the infringement notice is given;
authorised person means a person authorised under
subsection (10) to give infringement notices;
designated person means a person designated, or of
a class designated, under subsection (10);
infringement notice means a notice given under
subsection (2);
modified penalty , in respect of an offence to
which an infringement notice relates, means the amount of money specified in
the notice as being the modified penalty for that offence;
prescribed means prescribed by the regulations;
prescribed person means a person whom the
regulations prescribe to be a prescribed person for the purposes of this
section.
(2) An authorised
person who has reason to believe that a person has committed an offence
against this Act that is prescribed to be an offence that may be dealt with
under this section may give to that person a notice in the prescribed form
informing him 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 a person specified in the notice, other than the person
giving the notice, the amount of money specified in the notice as being the
modified penalty for that offence.
(3) In an infringement
notice —
(a) the
amount of money specified as being the modified penalty for an offence to
which the infringement notice relates shall be the amount that is, when the
infringement notice is given, for the time being prescribed to apply in
respect of the offence if it is dealt with under this section; and
(b) the
persons specified as being persons to whom the modified penalty may be paid
shall be designated persons.
(4) An infringement
notice may be given to an alleged offender personally at or about the time the
alleged offence is believed to have been committed or, where the offence is
one that is committed by the owner or occupier of land in relation to which
the offence is committed, by posting it to him at his address as shown in
rating records kept under this Act.
(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 time as may, whether before or after the
expiry of that period, be allowed by a prescribed person, is deemed to have
declined to be so dealt with.
(6) A prescribed
person may, whether or not the modified penalty has been paid, withdraw an
infringement notice, other than an infringement notice given by that person,
at any time within a period of 28 days after it was given by sending to
the alleged offender a notice in the prescribed form, signed by the prescribed
person, advising the alleged offender that the infringement notice has been
withdrawn.
(7) Any amount paid by
way of modified penalty pursuant to an infringement notice that has been
withdrawn under subsection (6) shall be refunded.
(8) Where, pursuant to
an infringement notice, the modified penalty has been paid in accordance with
the notice within the period specified therein or within such further time as
is allowed and the infringement notice has not been withdrawn under
subsection (6), no proceedings shall be brought or penalty shall be
imposed that could not be brought or imposed if the person to whom the
infringement notice was given had been convicted by a court of, and punished
for, the alleged offence.
(9) The amount of any
modified penalty paid pursuant to an infringement notice shall, subject to
subsection (7), be dealt with as if it were a fine imposed by a court as
a penalty for an offence.
(10) A water board
may —
(a) by
resolution, authorise persons, or classes of persons, who are officers of the
water board to give infringement notices; and
(b) by
notice published in the Government Gazette , designate the persons, or classes
of persons, to whom payment may be made of any modified penalty,
and may, in like
manner, revoke any such authorisation or notice.
(11) A water board
shall issue to each authorised person a certificate in the prescribed form
which that person shall produce whenever required to do so by a person to whom
he has given or is about to give an infringement notice.
[Section 162 inserted by No. 110 of 1985
s. 154; amended by No. 78 of 1995 s. 133; No. 84 of 2004
s. 80.]
[First Schedule deleted by No. 110 of 1985 s. 155.]
[Second, Third and Fourth Schedules deleted by No. 76 of 1978
s. 159.]
[Fifth and Sixth Schedules deleted by No. 32 of 1953 s. 14.]
[Seventh and Eighth Schedules deleted by No. 59 of 2004 s. 141.]