New South Wales Consolidated Acts

SUMMARY OFFENCES ACT 1988 - SECT 29A

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.