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LITTER ACT 1979 - SECT 30

LITTER ACT 1979 - SECT 30

30 .         Infringement notices

        (1)         If —

            (a)         an authorised officer has reason to believe that a person has committed a prescribed offence against this Act, the authorised officer; or

            (b)         under section 27A(1) a person is to be taken to have committed a prescribed offence against this Act, an 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        (4)         An infringement notice may, whether or not the prescribed penalty has been paid, be withdrawn, at any time within 28 days after the service of the notice, by the sending of a notice, in the prescribed form, to the alleged offender at his last known place of residence or business, advising the alleged offender that the infringement notice has been withdrawn, and, in that event, the amount of any prescribed penalty that has been paid shall be refunded.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: No. 48 of 1981 s. 5; No. 18 of 1986 s. 7; No. 84 of 2004 s. 80; No. 30 of 2012 s. 12.]