Western Australian Current Acts

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55A .         Infringement notices

        (1)         In subsection (3), (6) or (7) —

        designated official means a person designated under subsection (13) by the Commissioner for the purposes of the subsection in which the term is used.

        (2)         An authorised officer or a member of the Police Force who has reason to believe that a person has committed a prescribed offence against this Act may, within 6 months after the alleged offence is believed to have been committed, give an infringement notice to the alleged offender.

        (3)         An infringement notice is to be in the prescribed form and is to —

            (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 a designated official within a period of 28 days after the giving of the notice; and

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

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

        (5)         The modified penalty that may be prescribed for an offence is not to exceed 20% of the maximum penalty that could be imposed for that offence by a court.

        (6)         A designated official 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.

        (7)         A designated official 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notice by sending to the alleged offender a notice in the prescribed form stating that the infringement notice has been withdrawn.

        (8)         Where an infringement notice is withdrawn after the modified penalty has been paid, the amount is to be refunded.

        (9)         Subsection (10) applies 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.

        (10)         Where this subsection applies it prevents the bringing of proceedings and the imposition of penalties to the same extent that they would be prevented if the alleged offender had been convicted by a court of, and punished for, the alleged offence.

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

        (12)         Unless subsection (8) requires it to be refunded, an amount paid as a modified penalty is to be dealt with as if it were a penalty imposed by a court as a penalty for an offence.

        (13)         The Commissioner may, in writing, designate persons or classes of persons for the purposes of subsection (3), (6) or (7) or for the purposes of 2 or more of those subsections, but an authorised officer or a member of the Police Force is not eligible to be so designated.

        (14)         The Commissioner is to issue to each authorised officer a certificate of his authorisation under subsection (2), and the authorised officer is to produce the certificate whenever required to do so by a person to whom an infringement notice has been or is about to be given.

        [Section 55A inserted: No. 4 of 2002 s. 52; amended: No. 84 of 2004 s. 80.]

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