New South Wales Consolidated Acts

MARITIME SERVICES ACT 1935 - SECT 30D

30D Penalty notices for certain offences

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

(1) A police officer or a prescribed officer may serve a penalty notice on a person if it appears to the police officer or the prescribed officer that the person has committed:

(a) an offence under section 13SA, or

(b) a prescribed offence under any regulation, or

(c) a prescribed offence under the Commercial Vessels Act 1979 or a regulation under that Act, or

(d) a prescribed offence under the Navigation Act 1901 , being an offence arising under the Navigation (Collision) Regulations 1983 that is committed by the owner or master of:

(i) a vessel to or in relation to which the Commercial Vessels Act 1979 applies, or

(ii) a vessel referred to in section 4A (2) of that Act, or

(iii) a vessel the subject of an exemption under section 48 of that Act, or

(iv) a recreational vessel (within the meaning of the Ports and Maritime Administration Act 1995 ).

(1A) A police officer or a prescribed officer may also serve a penalty notice on a person if it appears to the police officer or the prescribed officer that the person is, by virtue of section 30C, guilty of a parking offence (within the meaning of that section) that is a prescribed offence.

(1B) 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 amount of penalty prescribed by the regulations for the offence if dealt with under this section.

(2) Any notice under subsection (1) or (1A):

(a) may be served in a manner provided by section 30A, or

(b) if it relates to an offence of which the owner of a vehicle is guilty by virtue of section 30C, may be addressed to the owner without naming the owner or stating the owner’s address and may be served by leaving it on or attaching it to the vehicle.

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

(5) 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.

(6) The regulations may:

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

(b) prescribe the amount of penalty payable under this section for any prescribed offence or any offence under section 13SA,

(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,

(d) prescribe the persons or classes of persons who shall be prescribed officers for the purposes of this section.

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

(8) The provisions of this section are supplemental to and not in derogation of the provisions of any other section of this Act or any other Act in relation to proceedings which may be taken in respect of offences.