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SUMMARY OFFENCES ACT 1988 - SECT 29A
Penalty notices: custody of knives in public place or school
29A Penalty notices: custody of knives in public place or school
(1) A police officer to whom it appears that a person has committed an offence
under section 11C may serve on the apparent offender a notice to the effect
that, if it is not desired to have the matter determined by a court, the
person served may, within a time specified in the notice, pay an amount
prescribed by the regulations to an officer so specified.
(2) A notice under
this section may be served personally or by post.
(3) If the amount
prescribed for an alleged offence under section 11C is paid under this
section, no person is liable for any further proceedings for the alleged
offence.
(4) Payment under this section is not to be regarded as an admission
of liability for the purpose of, nor in any way affects or prejudices, any
civil claim, action or proceeding arising out of the same occurrence.
(5)
This section is to be read as supplementing, and not as derogating from: (a)
any other provision of this Act or the regulations, or
(b) a provision of any
other Act or statutory rule,
in relation to proceedings which may be taken in
respect of offences.
(6) A notice may be issued under this section to a
person in respect of an alleged offence under section 11C only if the person
has not previously been dealt with for a knife-related offence.
(7) For the
purposes of subsection (6), a person is taken to have been dealt with
previously for a knife-related offence if the person: (a) has been issued with
a notice under this section in respect of the offence and the person has paid
the amount specified in the notice or the amount specified in any process
issued subsequent to such a notice, or
(b) has been convicted of the offence,
or
(c) has been charged with the offence and the court hearing the charge has
made an order in relation to the offence under section 10 of the
Crimes (Sentencing Procedure) Act 1999 .
(8) In this section,
"knife-related offence" means: (a) an offence under section 11B, 11C or 11E,
or
(b) any other offence that is punishable on conviction by imprisonment for
2 years or more if a knife was used in the commission of the offence, or
(c)
an offence under a law of the Commonwealth or of another State or of a
Territory that is punishable on conviction by imprisonment for 2 years or more
if a knife was used in the commission of the offence.
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