New South Wales Consolidated Acts

MOTOR DEALERS ACT 1974 - SECT 53E

53E Penalty notices for certain offences

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

(1) Where it appears to an authorised officer that any person has committed an offence prescribed for the purposes of this section, the authorised officer may serve a notice on that person to the effect that if that person does not desire to have the matter determined by a court, that person may pay to the Director-General within the time specified in the notice an amount of penalty prescribed for that offence if dealt with under this section.

(2) Any notice under subsection (1) may be served personally or by post.

(5) Where the amount of any prescribed penalty for an alleged offence is paid pursuant to this section, no person is liable to any further proceedings for the alleged offence.

(6) Payment of a penalty pursuant to this section shall not be regarded as an admission of liability for the purpose of nor in any way affect or prejudice any civil claim, action or proceeding arising out of the same occurrence.

(7) The regulations may:

(a) prescribe the offences which shall be prescribed offences for the purposes of this section by setting out the offences or by a reference to the provision of this Act or the regulations creating the offence,

(b) prescribe the amount of penalty payable under this section for any prescribed offence, and

(c) for the purposes of this section, prescribe different amounts of penalties for different offences or classes of offences or for offences or classes of offences having regard to the circumstances thereof.

(8) No penalty prescribed under this section for any offence shall exceed any maximum amount of penalty which could be imposed for the offence by a court.

(9) The provisions of this section shall be construed as supplementing, and not as derogating from, any other provision of this Act or the regulations or any other Act or regulation, by-law or ordinance under any other Act in relation to proceedings which may be taken in respect of offences.