New South Wales Repealed Acts

This legislation has been repealed.

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 15

15 Penalty notices for certain offences

(cf Traffic Act, s 18B (1), (6) and (7))

(1) A police officer or other authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed any of the following offences:

(a) an offence under a provision of the road transport legislation (including an offence by virtue of the operation of section 43 of this Act) that is prescribed by the regulations as a penalty notice offence,

(b) an offence under the Driving Instructors Act 1992 or any regulation made under that Act that is prescribed by the regulations as a penalty notice offence,

(c) an offence under section 650 (1) or (4) of the Local Government Act 1993 (including an offence by virtue of the operation of section 651 of that Act),

(d) an offence under the Motor Accidents Compensation Act 1999 or the regulations made under that Act that is prescribed by the regulations as a penalty notice offence,

(e) an offence under the Motor Vehicles Taxation Act 1988 or any regulation made under that Act that is prescribed by the regulations as a penalty notice offence,

(f) an offence under the Passenger Transport Act 1990 or any regulation made under that Act that is prescribed by the regulations as a penalty notice offence,

(g) an offence under the Recreation Vehicles Act 1983 or any regulation made under that Act that is prescribed by the regulations as a penalty notice offence,

(h) an offence under the Roads Act 1993 or any regulation made under that Act (including an offence by virtue of the operation of section 244 of that Act) that is prescribed by the regulations as a penalty notice offence.

(2) 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 can 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 Division.

(3) The regulations may:

(a) prescribe an offence for the purposes of this section:

(i) by specifying the offence, or

(ii) by referring to the provision creating the offence, or

(iii) by providing that all offences under a specified Act, Part of an Act, or Division of a Part of an Act, or under specified regulations (being an Act, a Part or a Division or regulations referred to in subsection (1)) are prescribed as penalty notice offences, or

(iv) by providing that all offences under any such Act, Part, Division or regulations (other than such of those offences as are specified in the regulations) are prescribed as penalty notice offences, and

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

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

(d) prescribe different amounts of penalties for the same kind of offence or class of offence committed in specified circumstances.

(4) An offence in respect of which a penalty of imprisonment may be imposed under the road transport legislation (except an offence against section 25 (2) of the Road Transport (Driver Licensing) Act 1998 ) or the Motor Accidents Act 1988 cannot be prescribed by the regulations as a penalty notice offence.

(5) The amount of a penalty prescribed under this section for an offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.