New South Wales Consolidated Acts

SWIMMING POOLS ACT 1992 - SECT 35

35 Penalty notices for certain offences

(1) An inspector may serve a penalty notice on a person if it appears to the inspector that the person has committed an offence against this Act or the regulations, being an offence prescribed by the regulations for the purposes of this section.

(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter dealt with by a court, the person may pay, within the time and to the person specified in the notice, the penalty prescribed by the regulations for the offence if dealt with under this section.

(3) If the penalty prescribed for an alleged offence is paid in accordance with this section, no person is liable to any further proceedings for the alleged offence.

(4) Payment in accordance with this section is not to be regarded as an admission of liability for the purposes of, nor is in any way to affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.

(5) The regulations:

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

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

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

(6) The penalty prescribed for an offence is not to exceed 2 penalty units.

(7) This section does not limit the operation of this or any other Act in relation to proceedings that may be taken in respect of offences.