Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) Where an officer has reason to believe that an offence has been committed against section 6, he may serve or cause to be served a notice in accordance with this section.
(2) A notice under subsection (1) may be served:
(a) by handing the notice personally to the person who appears to have committed the offence; or
(b) in a case where section 8(1) applies:
(i) by handing it personally to the driver of the motor vehicle or boat;
(ii) by securely placing or affixing the notice upon the motor vehicle or boat in a conspicuous position;
(iii) by handing the notice personally to the owner of the motor vehicle or boat or by leaving it at his last-known place of residence or business with a person apparently over the age of 16 years and apparently an occupant of or employed at that place;
(iv) by sending it by prepaid post to the owner of the motor vehicle or boat addressed to him:
(A) at his last-known place of residence or business; or
(B) in the case of the owner of a motor vehicle or boat registered under a law of a State or of the Australian Capital Territory – at the latest address of the owner in the record of registration of the motor vehicle or boat; or
(v) where the owner of a motor vehicle or boat has furnished a statutory declaration in accordance with section 8(7) – by handing the notice personally to, or by sending it by prepaid post addressed to, the person whose name is specified in the statutory declaration as being in charge of the motor vehicle or boat at the time of the alleged offence or by leaving it at the last-known place of residence or business with a person apparently over the age of 16 years and apparently an occupant of or employed at that place.
(3) A notice under this section shall:
(a) clearly specify the date, time and place of the alleged offence;
(b) if it is served:
(i) by being placed upon or affixed to a motor vehicle or boat – be addressed to "the owner" of the motor vehicle or boat without further description of the owner; and
(ii) in any other manner clearly show on its face the full name, or surname and initials, and the address of the person on whom it is served;
(c) clearly indicate the nature of the offence;
(d) contain an indication to the person on whom it is served that, if he does not wish the matter to be dealt with by the Court, he may make a signed statement to that effect in the manner specified in the notice and pay the amount of the prescribed penalty within the period of 14 days after the date of the notice;
(e) clearly specify the place at which, and the manner in which, the amount of the prescribed penalty may be so paid; and
(f) contain such other particulars, if any, as the Minister considers necessary.
(4) Where a notice under this section has been served and, before the expiration of the specified period of 14 days or, where the person in authority so allows, at any time before the service of a summons in respect of the alleged offence, the amount of the prescribed penalty is paid in accordance with the notice and a statement, signed by the person on whom the notice was served or by the owner of the motor vehicle, to the effect that he does not wish the matter to be dealt with by a court is received by the person in authority:
(a) the liability of a person in respect of the alleged offence shall be deemed to be discharged;
(b) no further proceedings shall be taken in respect of the alleged offence; and
(c) no person shall be regarded as having been found guilty for the alleged offence.
(5) Nothing in this section:
(a) prevents the service of more than one notice in respect of the same offence, but it is sufficient for the application of subsection (4) to a person on whom more than one such notice has been served for that person to pay the amount of the prescribed penalty and to make the statement referred to in that subsection in accordance with any notice so served on him;
(b) prevents or affects (except as provided by subsection (4)) the institution of prosecution or proceedings in respect of an alleged offence or limits the amount of the fine that may be imposed by a court in respect of an offence under this Act; or
(c) shall be construed:
(i) as requiring the serving of a notice before a person is prosecuted under this Act; or
(ii) as affecting the liability of a person to be prosecuted in a court in respect of an alleged offence in relation to which a notice has not been served.
(6) Where the amount of the prescribed penalty in respect of an offence is paid by cheque, payment is to be deemed not to be made unless and until the cheque is cleared upon presentation.
(7) For the purposes of this section, the prescribed penalty for an offence is $50.
(8) All moneys paid pursuant to the issue and service of a notice under this section shall:
(a) if the notice is issued by an officer employed by the Parks and Wildlife Commission of the Northern Territory in respect of an offence which occurs in or on an area under the control of that Commission – belong to that Commission;
(b) if the notice is issued by an officer employed by the Darwin Port Corporation in respect of an offence which occurs in or on an area under the control of that authority – belong to that authority; and
(c) if the notice is issued by an officer employed by the council of a municipality in respect of an offence which occurs in or on an area within that municipality – belong to that council.
(9) For the purpose of subsection (4), the person in authority is the person named in the notice as being the person in authority.