Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An inspector who
has reason to believe that a person has committed an offence against
section 3E, 3G, 3H or 4(4f) may, within 5 days after the alleged
offence is believed to have been committed, give to the alleged offender an
infringement notice in the prescribed form —
(a)
containing a description of the alleged offence;
(b)
advising that if it is not wished to have a prosecution for the alleged
offence heard and determined by a court, the amount of money specified in the
notice as being the modified penalty for the offence may be paid to a
designated officer within a period of 28 days after the giving of the
notice; and
(c)
identifying the persons who are designated officers.
(2) An inspector who
has reason to believe that a person has committed an offence against
section 6 may, with the approval of the Director General and within
5 days after the alleged offence is believed to have been committed, give
to the alleged offender an infringement notice in accordance with
subsection (1).
(3) In an infringement
notice, the amount specified as being the modified penalty for the offence
referred to in the notice shall be the amount that was the prescribed modified
penalty at the time the alleged offence is believed to have been committed.
(4) A designated
officer may, in a particular case, extend the period of 28 days within
which the modified penalty may be paid pursuant to the infringement notice,
and the extension may be allowed whether or not the period of 28 days has
elapsed.
(5) Where the modified
penalty payable pursuant to an infringement notice has been paid within
28 days or such further time as is allowed, the bringing of proceedings
and the imposition of penalties are prevented to the same extent as they would
be if the alleged offender had been convicted by a court of, and punished for,
the alleged offence.
(6) Where the modified
penalty has not been paid within 28 days or such further time as is
allowed, a designated officer may withdraw an infringement notice by sending
to the alleged offender a notice in the prescribed form stating that the
infringement notice has been withdrawn.
(7) Payment of a
modified penalty pursuant to an infringement notice shall not be regarded as
an admission for the purposes of any proceedings, whether civil or criminal.
(8) The Director
General may, by notice published in the Gazette , appoint persons or classes
of persons to be designated officers for the purposes of this section, and may
in like manner revoke any such appointment.
(9) The Director
General shall issue to each inspector a certificate in the prescribed form
which the inspector shall produce whenever required to do so by a person to
whom he has given or is about to give an infringement notice.
[Section 8A inserted by No. 4 of 1991
s. 9; amended by No. 84 of 2004 s. 80.]