Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this section –
"infringement offence" means an offence against this Act or regulations made under this Act that is prescribed by such regulations to be an infringement offence.
(2) An authorised officer may issue and serve an infringement notice on a person if he or she reasonably believes that an infringement offence has been committed.
(3) An infringement notice –
(a) may be served on a person the authorised officer reasonably believes has committed the infringement offence to which the infringement notice relates; or
(b) if the infringement offence to which the infringement notice relates arises from the use, driving, parking, standing or leaving of a motor vehicle or trailer and the authorised officer does not have a reasonable belief as to the identity of the person who committed the infringement offence, may be served on the registered operator of the motor vehicle or trailer.
(4) An infringement notice may not be served on a natural person who has not attained the age of 16 years.
(5) An infringement notice –
(a) is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005; and
(b) is not to relate to 4 or more offences.
(6) In addition to any other manner in which an infringement notice may be served, it may be served on the registered operator of a motor vehicle or trailer by leaving it in or on, or attaching it to, the motor vehicle or trailer.
(7) Within 28 days after an infringement notice is served under subsection (3)(b) on a registered operator of a motor vehicle or trailer in respect of which the infringement offence is alleged to have been committed, the registered operator may provide to the authorised officer, or other person or entity, specified in the infringement notice a statutory declaration stating –
(a) the name and address, so far as known to the registered operator, of the person who the registered operator believes committed the infringement offence; or
(b) the name and address, so far as known to the registered operator, of the person who the registered operator believes was in charge of the motor vehicle or trailer at the time the infringement offence is alleged to have occurred; or
(c) that the motor vehicle or trailer was being driven or used without the knowledge or consent of the registered operator at the time the infringement offence is alleged to have occurred; or
(d) that the registered operator had no right or interest in the motor vehicle or trailer at the time the infringement offence is alleged to have occurred.
(8) A statutory declaration made in accordance with subsection (7) is to be treated as an application for withdrawal of the infringement notice under section 15 or 17 of the Monetary Penalties Enforcement Act 2005.
(9) If a person is named in a statutory declaration made in accordance with subsection (7) as the person who committed the infringement offence to which the statutory declaration relates or as the person in charge of the motor vehicle or trailer at the time the infringement offence to which the statutory declaration relates is alleged to have been committed, that statutory declaration is evidence, in any proceedings against the person in respect of that offence, that the person so named committed the infringement offence or was in charge of the motor vehicle or trailer at that time, as the case requires.
(10) Regulations under this Act –
(a) may prescribe the penalty applicable to each infringement offence that is payable under an infringement notice; and
(b) may prescribe different penalties for bodies corporate and natural persons.
(11) In the application of the Monetary Penalties Enforcement Act 2005 to an infringement notice served under this section –
(a) an authorised officer is taken to be a public sector body within the meaning of that Act; and
(b) a penalty prescribed under subsection (10) in respect of an infringement offence is taken to be the prescribed penalty applicable to that offence for the purposes of section 14(a)(ii) of that Act.