New South Wales Consolidated Acts

CASINO CONTROL ACT 1992 - SECT 168A

168A Penalty notices

(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this Act, being an offence prescribed by the regulations.

(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay within a time and to a person specified in the notice the amount of penalty prescribed by the regulations for the offence if dealt with under this section.

(3) A penalty notice may be served personally or by post.

(4) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence, except proceedings under section 23 (Disciplinary action against casino operator) or 59 (Disciplinary action against licensee).

(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil proceeding arising out of the same occurrence.

(6) However, when a penalty is paid under this section in respect of a penalty notice served on a person, the person is:

(a) for the purposes of section 23-taken to have contravened the provision of this Act to which the penalty notice relates, or

(b) for the purposes of section 59-taken to have been convicted of the offence to which the penalty notice relates.

(7) The regulations may:

(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and

(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and

(c) prescribe different amounts of penalties for different offences or classes of offences.

(8) The amount of a penalty prescribed under this section for an offence must not exceed the maximum amount of penalty that could be imposed for the offence by a court.

(9) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.

(10) In this section:
"authorised officer" means a police officer or an inspector.