LIQUOR CONTROL ACT 1988 - SECT 167
LIQUOR CONTROL ACT 1988 - SECT 167
167 . Infringement notices
(1) In this section
—
alleged offence , in relation to an infringement
notice, means the offence to which the infringement notice relates;
alleged offender , in relation to an infringement
notice, means the person to whom the infringement notice is given;
approved form means the form approved by the
Director;
infringement notice means an infringement notice
given under subsection (2);
modified penalty , in respect of an offence to
which an infringement notice relates, means the amount of money specified in
the notice as being the modified penalty for that offence.
(2) At the time, or
within 21 days after, the alleged offence is believed to have been committed,
an authorised officer who has reason to believe that a person —
(a) has
committed a prescribed offence against this Act;
(b) is
guilty of an offence by virtue of section 101, 164, 164A or 165 in relation to
any such offence,
may give to that
person an infringement notice.
(2A) An infringement
notice must be in the approved form and must —
(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.
(3) The modified
penalty specified in an infringement notice shall be 10% of the maximum fine
for that offence under this Act, as at the time the alleged offence is
believed to have been committed.
(4) An alleged
offender to whom an infringement notice is given may decline to pay the
modified penalty, and is deemed to have so declined if it is not paid within
28 days or such further time as may, whether before or after the expiry of
that period, be allowed by the Director.
(5) The Director may,
whether or not the modified penalty has been paid, withdraw an infringement
notice within 2 years after it was given by sending to the alleged offender a
notice in the approved form, stating that the infringement notice has been
withdrawn.
(6) Where an
infringement notice is withdrawn after the modified penalty has been paid, the
amount paid shall be refunded.
(7) If the modified
penalty is paid within the 28 days or further time allowed and the
infringement notice has not been withdrawn, in relation to the events giving
rise to the alleged offence —
(a) the
payment of the penalty shall not be taken to be an admission, in any
proceedings whether criminal or civil; and
(b) no
proceedings shall be brought, and no other penalty imposed, other than —
(i)
proceedings which might have been brought or a penalty
which might have been imposed even if a charge of the alleged offence had been
heard and determined by a court; or
(ii)
proceedings or a penalty under sections 95 and 96.
(8) The amount of any
modified penalty paid pursuant to an infringement notice shall, subject to
subsection (6), be dealt with as if it were a fine imposed by a court as a
penalty for an offence.
(9) An inspector shall
produce the certificate of identity furnished under section 14(3) to an
alleged offender to whom the inspector has given or is about to give an
infringement notice, when required to do so by the alleged offender.
[Section 167 amended: No. 84 of 2004 s. 80; No. 73
of 2006 s. 100; No. 9 of 2018 s. 63; No. 9 of 2023 s. 95.]