Western Australian Numbered Acts

CANNABIS CONTROL ACT 2003 (NO. 52 OF 2003) - SECT 9

9 .         Option to pay a modified penalty not available in certain circumstances

        (1)         This section applies to a CIN issued for an alleged offence (the "new offence") if, within 3 years before the new offence was allegedly committed, the alleged offender has been given a CIN for each of 2 or more offences, at least 2 of which are alleged to have been committed on separate days previous to the day on which the new offence is alleged to have been committed.

        (2)         For the purposes of subsection (1), a CIN is taken to have not been given in relation to an alleged offence if the CIN has been withdrawn.

        (3)         A CIN to which this section applies is to —

            (a)         advise that if the alleged offender does not wish to have a complaint of the alleged offence heard and determined by a court, the alleged offender may, within a period of 28 days after the giving of the CIN, complete a CES; and

            (b)         inform the alleged offender as to how the alleged offender may arrange to complete a CES.

        (4)         Despite section 19, Part 3 of the Fines, Penalties and Infringement Notices Enforcement Act 1994 does not apply to a CIN to which this section applies.