Northern Territory Consolidated Acts

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COMMERCIAL AND PRIVATE AGENTS LICENSING ACT - SECT 46A

Infringement notices

46A. Infringement notices

(1) The Commissioner or a person authorised by the Commissioner may serve on a person who has allegedly committed a prescribed offence against this Act a notice providing for the payment to the Commissioner of a prescribed amount instead of the penalty that may otherwise be imposed on being found guilty of committing the offence.

(2) The notice served under subsection (1) is to -

(a) specify the name and, if not the same, business name, the address and, in the case of a natural person, the date of birth of the person who allegedly committed the offence;

(b) describe the offence and specify the provision of this Act that the person has allegedly contravened or failed to comply with;

(c) specify the date or approximate date when or period during which and the place where the offence was committed;

(d) specify the amount payable to the Commissioner;

(e) specify the period after the date of the service of the notice within which the person must pay the amount to the Commissioner, and the place where the payment should be made, to avoid prosecution in respect of the offence;

(f) state that -

(i) in order to avoid prosecution in respect of the alleged commission of the offence the person may pay the amount specified in the notice to the Commissioner;

(ii) the payment of the amount is instead of the penalty by which the offence is otherwise punishable;

(iii) on payment of the amount the person will not be liable for a penalty or costs for the offence; and

(iv) if the person wishes to be dealt with by a court in relation to the offence, he or she should not pay the amount to the Commissioner; and

(g) describe the procedures that apply if the person does not pay the amount to the Commissioner or wishes to be dealt with by a court.



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