Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
authorised person means a person appointed under
subsection (10) to be an authorised person for the purposes of the
subsection in which the term is used.
(2) A park management
officer who has reason to believe that a person has committed a prescribed
offence against the regulations may give an infringement notice to the alleged
offender within 21 days after the alleged offence is believed to have
been committed.
(3) An infringement
notice is to be in the prescribed form and is to —
(a)
contain a description of the alleged offence;
(b)
advise that if the alleged offender does not wish to be prosecuted for the
alleged offence in a court, the amount of money specified in the notice as
being the modified penalty for the offence may be paid to an authorised person
within a period of 28 days after the giving of the notice; and
(c)
inform the alleged offender as to who are authorised persons for the purposes
of receiving payment of modified penalties.
(4) In an infringement
notice the amount specified as being the modified penalty for the offence
referred to in the notice is to be the amount that was the modified penalty
prescribed by regulation at the time the alleged offence is believed to have
been committed.
(5) An authorised
person may, in a particular case, extend the period of 28 days within
which the modified penalty may be paid and the extension may be allowed
whether or not the period of 28 days has elapsed.
(6) Where the modified
penalty specified in an infringement notice has been paid within 28 days
or such further time as is allowed and the notice has not been withdrawn, the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.
(7) An authorised
person may, whether or not the modified penalty has been paid, withdraw an
infringement notice by sending to the alleged offender a notice in the
prescribed form stating that the infringement notice has been withdrawn.
(8) If an infringement
notice is withdrawn after the modified penalty has been paid, the amount of
the modified penalty is to be refunded.
(9) Payment of a
modified penalty is not to be regarded as an admission for the purposes of any
proceedings, whether civil or criminal.
(10) The Authority
may, in writing, appoint persons or classes of persons to be authorised
persons for the purposes of subsection (3), (5) or (7), but a park
management officer who gives an infringement notice is not eligible to be an
authorised person for the purposes of any of those subsections in relation to
that notice.
[Section 51 amended by No. 84 of 2004
s. 80.]