Western Australian Current Acts

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MARKETING OF POTATOES ACT 1946 - SECT 40

40 .         Infringement notices

        (1)         An inspector who has reason to believe that a person has committed a prescribed offence under this Act may, within 21 days after the alleged offence is believed to have been committed, give an infringement notice to the alleged offender.

        (2)         An infringement notice shall be in the prescribed form and shall in every case —

            (a)         contain a description of the alleged offence; and

            (b)         advise that if the alleged offender does not wish to be prosecuted for the alleged offence in a court, the amount of money specified in the notice as being the modified penalty for the offence may be paid to an authorised person within a period of 28 days after the giving of the notice; and

            (c)         inform the alleged offender as to who are authorised persons for the purposes of receiving payment of modified penalties.

        (3)         In an infringement notice the amount specified as being the modified penalty for the offence referred to in the notice shall be the amount that was the prescribed modified penalty at the time the alleged offence is believed to have been committed.

        (4)         The chief executive officer may, in a particular case, extend the period of 28 days within which the modified penalty may be paid and the extension may be allowed whether or not the period of 28 days has elapsed.

        (5)         Where the modified penalty specified in an infringement notice has been paid within 28 days or such further time as is allowed and the notice has not been withdrawn, the bringing of proceedings and the imposition of penalties are prevented to the same extent as they would be if the alleged offender had been convicted by a court of, and punished for, the alleged offence.

        (6)         The chief executive officer may, whether or not the modified penalty has been paid, withdraw an infringement notice by sending to the alleged offender a notice in the prescribed form stating that the infringement notice has been withdrawn.

        (7)         Where an infringement notice is withdrawn after the modified penalty has been paid, the amount shall be refunded.

        (8)         An amount paid as a modified penalty shall, subject to subsection (7), be dealt with as if it were a fine imposed by a court for that offence.

        (9)         Payment of a modified penalty shall not be regarded as an admission for the purposes of any proceedings, whether civil or criminal.

        (10)         The Corporation may, in writing, appoint persons or classes of persons to be authorised persons for the purposes of subsection (2), but a person who is an inspector is not eligible to be an authorised person for the purposes of that subsection.

        [Section 40 inserted by No. 11 of 1995 s. 52; amended by No. 59 of 2004 s. 141; No. 84 of 2004 s. 80.]



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