New South Wales Consolidated Acts

FORESTRY ACT 1916 - SECT 46A

46A Penalty notices for certain offences

(1) In this section:
"authorised person" means an officer of the Public Service employed in the administration of this Act and appointed by the commission to be an authorised person for the purposes of this section, or an employee of the commission so appointed.
"owner", in relation to a motor vehicle, has the meaning ascribed thereto in section 38C.
"parking offence" has the meaning ascribed thereto in section 38C.
"royalty", in relation to a notice under subsection (2), means the amount, if any, referred to in subsection (2) (d) and specified in the notice.

(2) Where it appears to an authorised person that another person:

(a) has committed, or by virtue of section 38C is guilty of, a parking offence, or

(b) has committed any prescribed offence under this Act or the regulations,

the authorised person may serve a notice on that other person to the effect that, if that other person does not desire to have the matter determined by a court he may, within a time specified in the notice, pay to the commission:

(c) the amount of penalty prescribed for the offence if dealt with under this section, and

(d) where the commission has certified an amount under subsection (3), the amount so certified.

(3) Where it appears to an authorised person that another person has committed an offence referred to in subsection (2) (b) involving the taking or destruction of any timber, products or forest materials, the commission may certify to that authorised person the amount that it determines would have been payable by way of royalty if the timber, products or forest materials had been taken in pursuance of a timber licence, products licence or forest materials licence.

(4) A notice under subsection (2):

(a) may be served personally or by post, or

(b) where the notice relates to a parking offence, may be addressed to the owner of the vehicle to which the parking offence relates without naming the person or stating the person’s address and may be served by leaving it on or attaching it to, the vehicle.

(6) Where the penalty for an offence dealt with under this section and any royalty is or are paid pursuant to this section in respect of an alleged offence:

(a) no person may be proceeded against for the alleged offence,

(b) no person may be proceeded against for recovery of the royalty, and

(c) the payment shall not be construed as an admission of liability for the purpose of, nor, except as provided in paragraph (b), in any way affect or prejudice, any civil claim, action or proceeding arising out of the facts constituting the alleged offence.

(7) The penalty prescribed for an offence dealt with under this section shall not exceed the maximum penalty that might be imposed by a court if the offence were dealt with otherwise than under this section.

(8) Section 30E applies in respect of any royalty paid to the commission under this section as if it were a royalty paid to the commission under section 30A.

(9) Subsection (8) does not require the commission, in respect of any royalty paid to it under this section, to make a payment out of the royalty to the person by whom the royalty was paid.

(10) This section shall be construed as supplementing, and not as derogating from, any other Act in relation to proceedings that may be taken in respect of offences.

(11) Nothing in section 30H or 39 prevents the recovery of any royalty pursuant to this section.

Note: See also Part 3 of the Fines Act 1996 .