GAMING AND WAGERING COMMISSION ACT 1987 - SECT 36

GAMING AND WAGERING COMMISSION ACT 1987 - SECT 36

36 .         Infringement notices

        (1)         Regulations made under this Act may prescribe a modified penalty not exceeding $250 for any offence, or class of offence, if dealt with by way of an infringement notice.

        (2)         Where an authorised officer or member of the Police Force has reason to believe that a person has committed an offence to which regulations made under subsection (1) apply and, having regard to —

            (a)         the place where the offence occurs; and

            (b)         the circumstances in which the offence occurs; and

            (c)         the likelihood of the person involved complying with the requirements of such a notice,

                believes that proceedings under this section are adequate he may serve, by personal delivery to the person or by posting to him at his address ascertained from him at or about the time that the offence is believed to have been committed, 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 a designated office, within a period of 21 days after the service of that notice, the amount of the modified penalty.

        (3)         The Commission may, by notice published in the Gazette , designate an office or class of office to receive payment of the amounts of modified penalties.

        (4)         An infringement notice shall inform the alleged offender in general terms of the nature, date and place of the alleged offence and that he has the right to decline to pay the modified penalty and to allow the matter to be determined in a court hearing —

            (a)         if he desires to contest the question whether the offence alleged was in fact committed; or

            (b)         if he wishes to submit to the court matters in extenuation of penalty; or

            (c)         for any other reason,

                in which event he need not reply or take further action in respect of the notice, but that in such case a prosecution for the alleged offence may be commenced against him in due course and he may be liable to costs and to the penalty provided for the offence.

        (5)         Where a person on whom an infringement notice is served pays the modified penalty within the period of 21 days after the service of that notice and the notice is not withdrawn under subsection (7) a proceeding against him by way of prosecution for the offence alleged in the notice shall not be brought but otherwise such a proceeding may be commenced as if the notice had not been given.

        (6)         A person on whom an infringement notice is served who fails to pay the modified penalty within the period of 21 days after the service of that notice is deemed to have declined to pay.

        (7)         The Commission may, whether or not the modified penalty concerned has been paid, withdraw an infringement notice at any time within a period of 28 days after it is served by sending to the alleged offender a notice in the prescribed form advising the alleged offender that the infringement notice has been withdrawn.

        (8)         The amount of any modified penalty paid pursuant to an infringement notice which has been withdrawn under subsection (7) shall be refunded.

        [Section 36 amended: No. 84 of 2004 s. 80.]