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 68 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 the person that
if the person does not wish to be prosecuted for the alleged offence in a
court the person 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 the alleged offender 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 to the address there certified.
(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 Council or a person authorised in
writing by the Council for this purpose.
(7) The Council 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withdrawn after the modified penalty has been paid, the amount paid shall be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 Council
may —
(a) in
writing, authorise persons or classes of persons who are officers of a public
authority therein specified 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 Council 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 another person to whom the person authorised has given or is about to give
an infringement notice.
[Section 70 amended by No. 78 of 1995
s. 52; No. 84 of 2004 s. 80.]