New South Wales Consolidated Acts

STOCK DISEASES ACT 1923 - SECT 20O

20O Penalty notices

(1) In this section, "prescribed offence" means an offence against this Act or the regulations that is prescribed by the regulations for the purposes of this section.

(2) An inspector authorised under subsection (3) may serve a penalty notice on a person if it appears to the inspector that the person has committed a prescribed offence.

(3) The Director-General may in writing authorise an inspector to exercise the power conferred by subsection (2) and may, whenever appropriate, revoke such an authorisation by notice in writing given to the inspector.

(4) 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 period 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.

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

(6) If the amount of penalty prescribed for an alleged offence is paid in accordance with a penalty notice, no person is liable to further proceedings for the alleged offence.

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

(8) The regulations may do all or any of the following:

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

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

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

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

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