HOME BUILDING CONTRACTS ACT 1991 - SECT 31B
HOME BUILDING CONTRACTS ACT 1991 - SECT 31B
31B . Infringement notices
(1) A reference in
subsection (2), (3), (5) or (7) to an authorised person is a reference to a
person appointed under subsection (10) to be an authorised person for the
purposes of the subsection in which the term is used.
(2) An authorised
person who has reason to believe that a person has committed a prescribed
offence against this Act may, within 21 days after the alleged offence is
believed to have been committed, give an infringement notice to the alleged
offender.
(3) An infringement
notice is to be in the prescribed form and is to —
(a)
contain a description of the alleged offence; and
(b)
advise that if the alleged offender does not wish to be prosecuted for the
alleged offence in a court, the amount of money specified in the notice as
being the modified penalty for the offence may be paid to an authorised person
within a period of 28 days after the giving of the notice; and
(c)
inform the alleged offender as to who are authorised persons for the purposes
of receiving payment of modified penalties.
(4) In an infringement
notice the amount specified as being the modified penalty for the offence
referred to in the notice must be the amount that was the prescribed modified
penalty at the time the alleged offence is believed to have been committed.
(4a) The modified
penalty that regulations may prescribe for an offence is not to exceed 20% of
the maximum penalty for that offence.
(5) An authorised
person may, in a particular case, extend the period of 28 days within which
the modified penalty may be paid and the extension may be allowed whether or
not the period of 28 days has elapsed.
(6) Where the modified
penalty specified in an infringement notice has been paid within 28 days or
such further time as is allowed and the notice has not been withdrawn, the
bringing of proceedings and the imposition of penalties are prevented to the
same extent as they would be if the alleged offender had been convicted by a
court of, and punished for, the alleged offence.
(7) An authorised
person may, whether or not the modified penalty has been paid, withdraw an
infringement notice by sending to the alleged offender a notice in the
prescribed form stating that the infringement notice has been withdrawn.
(8) If an infringement
notice is withdrawn after the modified penalty has been paid, the amount is to
be refunded.
(9) Payment of a
modified penalty is not to be regarded as an admission for the purposes of any
proceedings, whether civil or criminal.
(10) The Building
Commissioner may, in writing, appoint persons or classes of persons to be
authorised persons for the purposes of subsection (2), (3), (5) or (7) but a
person who is authorised to give infringement notices under subsection (2) is
not eligible to be an authorised person for the purposes of any of the other
subsections.
(11) The Building
Commissioner must issue to each person who is authorised to give infringement
notices under this section a certificate stating that the person is so
authorised, and the authorised person is to produce the certificate whenever
required to do so by a person to whom he or she has given or is about to give
an infringement notice.
[Section 31B inserted: No. 76 of 2000 s. 56;
amended: No. 37 of 2002 s. 20; No. 84 of 2004 s. 80; No. 19 of 2011 s. 154.]