MINING ACT 1992 - SECT 378K
Penalty notices for offences
MINING ACT 1992 - SECT 378K
Penalty notices for offences
378K Penalty notices for offences
(1) A penalty notice officer may serve a
penalty notice on a person if it appears to the officer that the person has
committed an offence under this Act or the regulations, 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 the time and to the person specified in the
notice, the 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) The regulations may authorise a penalty notice also to be served by
leaving the notice at premises in respect of which the offence was committed.
(5) If the amount of the penalty prescribed for an alleged offence is paid
under this section, no person is liable to any further proceedings for the
alleged offence.
(6) Payment under this section is not an admission of
liability for the purposes of, and does not affect or prejudice, any civil
claim, action or proceeding arising out of the same occurrence.
(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, and
(d) prescribe different
amounts of penalties for the same offence, including, in the case of a
continuing offence, different amounts of penalties for different periods
during which the offence continues.
(8) This section does not limit the
operation of any provision of, or made under, this or any other Act relating
to proceedings that may be taken in respect of offences.
(9) In this section,
"penalty notice officer" means a person who is declared by the regulations to
be a penalty notice officer for the purpose of this section or belongs to a
class of persons so declared.
