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LITTER ACT 2007 - SECT 17

Division 3 - Infringement notices 17. Infringement notice

(1) In this section –
infringement offence means an offence against this Act or regulations made under this Act that is prescribed by such regulations to be an infringement offence.
(2) An authorised officer may issue and serve an infringement notice on a person if he or she reasonably believes that an infringement offence has been committed.
(3) An infringement notice may be –

(a) served on the person who the authorised officer reasonably believes committed the relevant infringement offence; or

(b) served on the registered operator of a motor vehicle or trailer if the relevant infringement offence relates to the use of the motor vehicle or trailer and the authorised officer does not have a reasonable belief as to the identity of the person who committed the infringement offence; or

(c) served on the registered owner of a vessel if the relevant infringement offence relates to the use of the vessel and the authorised officer does not have a reasonable belief as to the identity of the person who committed the infringement offence.

(4) An infringement notice may not be served on a natural person who has not attained the age of 16 years.
(5) An infringement notice –

(a) is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005; and

(b) is not to relate to 4 or more offences.

(6) In addition to any other manner of service –

(a) an infringement notice may be served on the registered operator of a motor vehicle or trailer by leaving it in or on, or attaching it to, the motor vehicle or trailer in a prominent place; and

(b) an infringement notice may be served on the registered owner of a vessel by leaving it in or on, or attaching it to, the vessel in a prominent place.

(7) Within 28 days after being served with an infringement notice under subsection (3)(b), the registered operator of a motor vehicle or trailer may give the authorised officer, or other person or entity, specified in the infringement notice a statutory declaration stating –

(a) the name and address, so far as known to the registered operator, of the person who the registered operator believes committed the relevant infringement offence; or

(b) the name and address, so far as known to the registered operator, of the person who the registered operator believes was in charge of the motor vehicle or trailer when the relevant infringement offence allegedly occurred; or

(c) that the motor vehicle or trailer was being driven or used without the knowledge or consent of the registered operator when the relevant infringement offence allegedly occurred; or

(d) that the registered operator had no right or interest in the motor vehicle or trailer when the relevant infringement offence allegedly occurred.

(7A) Within 28 days after being served with an infringement notice under subsection (3)(c), the registered owner of a vessel may give the authorised officer, or other person or entity, specified in the infringement notice a statutory declaration stating –

(a) the name and address, so far as known to the registered owner, of the person who the registered owner believes committed the relevant infringement offence; or

(b) the name and address, so far as known to the registered owner, of the person who the registered owner believes was in charge of the vessel when the relevant infringement offence allegedly occurred; or

(c) that the vessel was being used without the knowledge or consent of the registered owner when the relevant infringement offence allegedly occurred; or

(d) that the registered owner had no right or interest in the vessel when the relevant infringement offence allegedly occurred.

(7B) Within 28 days after being served with an infringement notice under subsection (3), a person named in a statutory declaration pursuant to subsection (7)(a) or (b) or subsection (7A)(a) or (b) ( "nominated offender" ) may give the authorised officer, or other person or entity, specified in the infringement notice a statutory declaration stating –

(a) the name and address, so far as known to the nominated offender, of the person who the nominated offender believes committed the relevant infringement offence; or

(b) the name and address, so far as known to the nominated offender, of the person who the nominated offender believes was in charge of the relevant motor vehicle, trailer or vessel when the relevant infringement offence allegedly occurred.

(8) A statutory declaration made in accordance with subsection (7), (7A) or (7B) is to be treated as an application for withdrawal of the infringement notice under section 15 or 17 of the Monetary Penalties Enforcement Act 2005.
(9) Where, pursuant to subsection (7), (7A) or (7B), a person is named in a statutory declaration as having committed an infringement offence or as having been in charge of a motor vehicle, trailer or vessel when an infringement offence relating to its use allegedly occurred, the statutory declaration is, in any proceedings against the person in respect of the infringement offence, evidence that the person committed the infringement offence or was in charge of the motor vehicle, trailer or vessel when the infringement offence allegedly occurred.
(10) Regulations under this Act –

(a) may prescribe the penalty applicable to each infringement offence that is payable under an infringement notice; and

(b) may prescribe different penalties for bodies corporate and natural persons.

(11) .  .  .  .  .  .  .  .  



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