Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an
authorised officer has reason to believe that a person has committed any
offence against this Act or any regulation or local law made pursuant to this
Act in respect of which a modified penalty is prescribed he may serve on that
person an infringement notice in the prescribed form, informing the person
that, if he does not wish to be prosecuted for the alleged offence in a court,
he may pay to the office of the local government specified in the notice,
within 21 days after the date of the service of the notice, the amount of
the modified penalty.
(2) An infringement
notice may, in any case, be served on the alleged offender personally or be
addressed to and served on a responsible person for the vehicle within
30 days after the date on which the offence is alleged to have been
committed.
(3) Where, under the
provisions of subsection (2), an infringement notice is addressed to and
served on a responsible person for a vehicle within the time specified in that
subsection or addressed to the responsible person and served by attaching it
to the vehicle or leaving it in or on the vehicle, then, unless within
21 days after the date of the service of the infringement
notice —
(a) the
modified penalty is paid; or
(b) the
responsible person —
(i)
informs the chief executive officer of the local
government or such other person as may be specified in that notice as to the
identity and address of the person who was the driver or person in charge of
the vehicle at the time the offence is alleged to have been committed; or
(ii)
satisfies the chief executive officer of the local
government that the vehicle had been stolen or unlawfully taken, or was being
unlawfully used, at the time the offence is alleged to have been committed,
the responsible person
is, in the absence of proof to the contrary, deemed to have been the driver or
person in charge of the vehicle at the time of the alleged offence.
(4) A person who
receives an infringement notice may decline to be dealt with under the
provisions of this section and, where he fails to pay the prescribed modified
penalty within the period of 21 days after the date of service of the
notice or within such further time as may, in any particular case, be allowed,
he is deemed to have declined to be dealt with under those provisions.
(5) An infringement
notice may, whether or not the modified penalty has been paid, be withdrawn at
any time within 28 days after the service of the notice, by the sending
of a notice, in the prescribed form, signed by a person authorised by the
local government, to the alleged offender advising the alleged offender that
the infringement notice has been withdrawn, and, in that event, the amount of
any modified penalty that has been paid shall be refunded.
(5a) In
subsection (5) —
alleged offender , in relation to an infringement
notice addressed to and served on a responsible person under
subsection (3), means the responsible person.
(6) Where a modified
penalty has been paid pursuant to an infringement notice and the notice has
not been withdrawn as provided by subsection (5), proceedings shall not
be brought against any person with respect to the offence alleged in the
notice.
(7) The payment of a
modified penalty pursuant to an infringement notice constitutes a conviction
of an offence, but shall not be regarded as an admission of liability for the
purpose of, nor in any way affect or prejudice, any civil claim, action or
proceeding arising out of the occurrence by reason of which the infringement
notice was given.
(8) A person, other
than an owner of, a responsible person for, a driver of, or a person in charge
of a vehicle in respect of which an offence is alleged to have been committed,
shall not remove any infringement notice relating to the offence affixed to
the vehicle or left in or on the vehicle by an authorised person.
Penalty: $50.
(9) An infringement
notice served under subsection (2) shall inter alia contain a short
statement of the effect of subsection (3).
(10) Regulations or
local laws made under this Act may make provision in respect of the issue and
use of infringement notices and may prescribe modified penalties not exceeding
$50 for any contravention specified therein and may prescribe differing
penalties for the same offence according to the circumstances by which the
offence is attended.
[Section 37 amended by No. 14 of 1996
s. 4; No. 39 of 2000 s. 57; No. 84 of 2004 s. 80.]