Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an
authorised officer has reason to believe that a person has committed any such
offence against this Act as is prescribed for the purposes of this
section the authorised officer may serve on that person a notice, in the
prescribed form (in this section called an infringement notice )
informing the person that, if he does not wish to be prosecuted for the
alleged offence in a court, he may pay to an officer specified in the notice,
within the time therein specified, the amount of the penalty prescribed for
the offence, if dealt with under this section.
(2) An infringement
notice may be served on an alleged offender personally or by posting it to him
within 30 days after the occurrence giving rise to the allegation of an
offence.
(3) A person who
receives an infringement notice may decline to be dealt with under the
provisions of this section and, where he fails to pay the prescribed
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 those provisions.
(4) An infringement
notice may, whether or not the prescribed penalty has been paid, be withdrawn,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, to the alleged offender at his
last known place of residence or business, advising the alleged offender that
the infringement notice has been withdrawn, and, in that event, the amount of
any prescribed penalty that has been paid shall be refunded.
(4a) A withdrawal
notice sent under subsection (4) shall be signed by a person appointed in
writing to withdraw infringement notices by the public authority on behalf of
which the infringement notice was served.
(4b) For the purposes
of subsection (4a) an infringement notice served by an authorised officer
of a class referred to in column 1 of the Third Schedule shall be
regarded as having been served on behalf of the public authority referred to
in column 2 of that Schedule opposite the reference to that class of
authorised officers.
(5) Where a prescribed
penalty has been paid pursuant to an infringement notice and the notice has
not been withdrawn as provided by subsection (4) proceedings shall not be
brought against any person with respect to the offence alleged in the notice.
(6) The payment of a
penalty pursuant to an infringement notice shall, for the purposes of this
Act, constitute a conviction of an offence, but 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 occurrence by reason
of which the infringement notice was given.
[Section 30 amended by No. 48 of 1981
s. 5; No. 18 of 1986 s. 7; No. 84 of 2004 s. 80.]