Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Payment of the
amount of a penalty pursuant to this section 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 same occurrence.
(2) The regulations
may prescribe an offence for the purposes of this section by setting out
the offence or by a reference to the provision of this Act or the
regulations creating the offence.
(3) A person
authorised under subsection (10) who has reason to believe that a person
who —
(a) has
committed an offence prescribed by the regulations for the purposes of this
section; or
(b) is
guilty of an offence by virtue of section 81 in relation to any offence
of the kind referred to in paragraph (a),
may give to that
person an infringement notice in the prescribed form informing him that if he
does not wish to be prosecuted for the alleged offence in a court he may,
within a period of 21 days after the giving of the notice, pay to a
person designated under subsection (10), the amount of money specified in
the notice as being the modified penalty for that offence.
(4) In an infringement
notice the amount specified as being the modified penalty for the offence
referred to in the notice shall not exceed 10% of the maximum penalty for that
offence under this Act at the time the alleged offence is believed to
have been committed.
(5) An infringement
notice may be given to an alleged offender within 21 days of the alleged
offence —
(a)
personally; or
(b) by
posting it to him by certified post,
and where service is
effected under paragraph (b), an official postal receipt held by the
person who posted the notice is conclusive evidence of the giving of the
notice.
(6) A person to whom
an infringement notice is given may decline to be dealt with under this
section and is deemed to have so declined if the modified penalty is not
paid within 21 days or such further time as may, whether before or after
the expiry of that period, be allowed by the Commissioner or a person
authorised in writing by him for this purpose.
(7) The Commissioner
may, whether or not the modified penalty has been paid, withdraw an
infringement notice within 28 days after it was given by sending to the
alleged offender a signed notice in the prescribed form, and where a notice is
withdrawn after the modified penalty has been paid, the amount paid shall be
refunded.
(8) Where the modified
penalty payable under an infringement notice has been paid within 21 days
or such further time as is allowed and it has not been withdrawn, no
proceedings shall be brought or other penalty imposed on that person under
this Act.
(9) The amount of any
modified penalty paid pursuant to an infringement notice shall, subject to
subsection (7), be dealt with as if it were a fine imposed by a court as
a penalty for an offence.
(10) The Commissioner
may —
(a) in
writing, authorise persons or classes of persons who are officers of the
Department to give infringement notices; and
(b) by
notice published in the Gazette , designate the persons or classes of persons
to whom payment of a modified penalty may be made,
and may in like manner
revoke an authorisation or notice.
(11) The Commissioner
shall issue to each person authorised under subsection (10) a certificate
in the prescribed form which that person shall produce whenever required to do
so by a person to whom he has given or is about to give an infringement
notice.
[Section 73 amended by No. 78 of 1995
s. 38; No. 84 of 2004 s. 80; No. 28 of 2006 s. 98.]