Western Australian Current Acts Western Australian Current Acts (1) In subsection (2),
(3), (6) or (7) —
authorised person means a person appointed under
subsection (13) by the Commissioner to be an authorised person for the
purposes of the subsection in which the term is used.
(2) An authorised
person who has reason to believe that a person has committed a prescribed
offence under this Act may give an infringement notice to the alleged offender
within —
(a) 21
days after forming the opinion that there is sufficient evidence to support
the allegation of the offence; and
(b) 6
months after the alleged offence is believed to have been committed.
(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 have a complaint of the
alleged offence heard and determined by 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.
(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) An authorised
person 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) An authorised
person may, within 60 days after an infringement notice has been given and
whether or not the modified penalty has been paid, withdraw the 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stating that the infringement notice has been withdrawn.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infringement notice is withdrawn after the modified penalty has been paid, the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 if 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been withdrawn.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) If 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, appoint persons or classes of persons to be authorised
persons for the purposes of subsection (2), (3), (6) or (7) or for the
purposes of 2 or more of those subsections, but a person who is authorised to
give infringement notices under subsection (2) is not eligible to be an
authorised person for the purposes of any of the other subsections.
(14) The Commissioner
is to issue to each person who is authorised to give infringement notices
under this section a certificate of that person’s authorisation, and the
authorised person 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 88A inserted: No. 60 of 2011 s. 83.]