Northern Territory Consolidated Regulations

DARWIN CITY COUNCIL BY-LAWS - SECT 21

(1) Despite by-law 20, as an alternative to prosecution, a person who is alleged to have contravened or failed to comply with these By-laws may be served with an infringement notice under which the person may pay to the council a sum ( fixed penalty ) in lieu of the penalty by which the infringement of the By-laws is otherwise punishable.

(2) For the purposes of this by-law:

(a) the fixed penalty payable under an infringement notice:

(i) for a by-law specified in the Schedule, column 1 - is the amount specified opposite in column 3; and

(ii) for any other by-law - 1 penalty unit.

(b) an infringement notice is to be in a form, approved by the council in accordance with clause (4), that includes:

(i) the information required by section 245(2) of the Act; and

(ii) the statements required by clause (3);

(c) an infringement notice may be issued and served by an authorised person;

(d) the fixed penalty specified in an infringement notice is to be paid to the council; and

(e) the fixed penalty specified in an infringement notice is to be paid not later than 14 days after the date on which the infringement notice is served on the alleged offender.

(3) An infringement notice is to contain the following statements:

(a) a statement to the effect that:

(i) the alleged offender may expiate the offence and avoid enforcement action under the Fines and Penalties (Recovery) Act if he or she pays the fixed penalty to the council within 14 days of service of the infringement notice; and

(ii) if the alleged offender pays the fixed penalty within the period specified in the infringement notice, the council will take no further action in relation to the offence;

(b) a statement to the effect that if the alleged offender does not pay the fixed penalty within the period specified in the infringement notice and does not serve on the council a statement of election to have the matter dealt with by a court (as contained in the infringement notice), unless the infringement notice is withdrawn:

(i) the Fines and Penalties (Recovery) Act will apply and the alleged offender may be served with a courtesy letter in accordance with that Act requiring payment of the fixed penalty together with the costs in respect of the issue of that letter; and

(ii) if the alleged offender does not make the payment as required by a courtesy letter, enforcement action may be taken against him or her under the Fines and Penalties (Recovery) Act which, after due process, may result in the suspension of the alleged offender's licence to drive, the seizure of property, the deduction of wages or salary, the registration of a statutory charge on land, a community work order or imprisonment if a community work order is breached;

(c) a statement to the effect that the alleged offender may elect under section 21 of the Fines and Penalties (Recovery) Act to have the matter dealt with by a court instead of under the Fines and Penalties (Recovery) Act by completing a statement of election (as contained in the infringement notice) and serving it on the council;

(d) a statement of election, for completion by the alleged offender if he or she elects to have the matter dealt with by a court, that includes the information required by regulation 7(1) of the Fines and Penalties (Recovery) Regulations ;

(e) if the alleged offence is in relation to an infringement of
by-law 120 - a statement that includes information about the liability of the owner of the vehicle to which the infringement relates, as specified in regulation 53(1), (2), (3), (4) and (5) of the Traffic Regulations .

(4) For the purposes of clause (2)(b), the form of an infringement notice is to be approved by the council at a meeting at which not less than two-thirds of the members then in office are present, by resolution carried by a majority of the members then in office.