AustLII Tasmanian Numbered Acts

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LAUNCESTON FLOOD RISK MANAGEMENT ACT 2015 (NO. 24 OF 2015) - SECT 25

Infringement notices

(1)  In this section –
infringement offence means –
(a) an offence against this Act; or
(b) an offence against the regulations that is prescribed.
(2)  The Council may authorise a person to issue and serve infringement notices for the purposes of this Act.
(3)  A person authorised by the Council under subsection (2) may issue and serve an infringement notice on a person if he or she reasonably believes that the person has committed an infringement offence.
(4)  An infringement notice may not be served on an individual 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 more than 3 offences.
(6)  The penalty payable under an infringement notice in respect of an infringement offence consisting of an offence against this Act is 20 penalty units.
(7)  The regulations –
(a) may prescribe, for an infringement offence that consists of an offence against the regulations, the penalty payable under an infringement notice in respect of the offence; and
(b) may prescribe different such penalties for bodies corporate and individuals.
(8)  The penalty prescribed under subsection (7) for an infringement offence is not to exceed 20% of the maximum penalty that could be imposed on an individual by a court in respect of the offence.
(9)  Nothing in this section is to be taken to limit the powers of the Council to issue infringement notices under the Local Government Act 1993 in relation to by-laws made pursuant to section 24 of this Act.


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