Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a person who
has been the holder of a Firearm Licence, Firearm Collector’s Licence,
or Ammunition Collector’s Licence —
(a)
applies for the renewal of that licence more than 3 months but not more
than 12 months after the date on which the licence expired and the
renewal is effected;
(b) has
been served with a notice referred to in subsection (2); and
(c) has
paid, within the time specified in the notice, the amount prescribed by way of
penalty referred to in subsection (2) and the notice has not been
withdrawn within 28 days after the service of it upon him,
proceedings shall not
be brought against the person for any offence against this Act which was
committed by him between the date on which the licence expired and the date on
which its renewal was effected but which would not have arisen if the licence
had been renewed within the time specified in section 9A(5).
(2) The Commissioner
may by notice in the prescribed form notify any person who has failed to renew
a licence of a kind specified in subsection (1) after a period of
3 months immediately succeeding the expiry of his licence that an
allegation can be made that he has contravened section 19(1) and that he
may, if he does not wish to be prosecuted for the alleged offence in a
court —
(a) pay
to the holder of an office specified in the notice the amount prescribed by
way of penalty for the alleged contravention; and
(b)
obtain the renewal of the licence,
within the time
specified in the notice, if dealt with under this section.
(3) A notice referred
to in subsection (2) may be served on an alleged offender personally or
by posting it to his address as ascertained from him or pursuant to any
inquiry conducted under the direction of the Commissioner.
(4) A person who
receives a notice referred to in subsection (2) may decline to pay the
penalty referred to in that subsection and where he fails to pay that penalty
within the time specified in 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 the provisions of subsection (2).
(5) A notice referred
to in subsection (2) may, whether or not the 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withdrawn, at any time within 28 days after the service of the notice, by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 an officer
authorised by the Commissioner, to the alleged offender at his last known
place of residence or business, advising him that the notice has been
withdrawn.
(6) The payment of a
penalty pursuant to this section shall not constitute a conviction of an
offence against this Act and shall not be regarded as an admission of
liability for the purpose of, or in any way affect or prejudice, any civil
claim, action or proceeding.
[Section 19A inserted by No. 61 of 1976
s. 4; amended by No. 35 of 1980 s. 4; No. 59 of 1996
s. 20; No. 84 of 2004 s. 80.]