Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Regulations may
provide for a modified penalty for an offence against this Act or the
regulations for which the maximum penalty for a conviction does not exceed
$2 000.
(2) Regulations made
under section 48 or local laws may provide for a modified penalty for an
offence against those regulations or local laws.
(3) A modified penalty
for an offence shall not exceed 20% of the maximum penalty for that offence.
(4) Where a person
does not contest an allegation that he committed an offence to which a
modified penalty applies, the production of an acknowledgement from the local
government by whom that person was notified of the commission of the offence
that the modified penalty has been paid to that local government shall be a
defence to a charge of the offence in respect of which the modified penalty
was paid.
(5) The payment of a
modified penalty 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 to which the modified penalty
relates.
(6) For the purposes
of section 16(3)(a) and section 33E, the payment of a modified
penalty in relation to any occurrence may be taken to be evidence of the
behaviour of the dog by reason of which that modified penalty was imposed.
[Section 45A inserted by No. 23 of 1987
s. 37; amended by No. 14 of 1996 s. 4; No. 24 of 1996
s. 14 and 16.]