LOCAL GOVERNMENT ACT 1995 - SECT 9.16

LOCAL GOVERNMENT ACT 1995 - SECT 9.16

9.16 .         Notice, giving of to alleged offender

        (1)         An authorised person who has reason to believe that a person has committed a prescribed offence against a regulation or local law made under this Act may, within 28 days after the alleged offence is believed to have been committed, give an infringement notice to the alleged offender.

        (2A)         If a person who is given a notice under section 9.13 about an alleged offence involving a vehicle gives information in accordance with section 9.13(6) about another person who was the driver or person in charge of the vehicle at the time of the alleged offence, the period of 28 days for giving that other person an infringement notice runs from the time the information was given.

        (2)         A local government can only prescribe an offence for the purposes of subsection (1) if a prosecution for the offence could be commenced by the local government or any of its employees and the local government is satisfied that —

            (a)         commission of the offence would be a relatively minor matter; and

            (b)         only straightforward issues of law and fact would be involved in determining whether the offence was committed, and the facts in issue would be readily ascertainable.

        (3)         An infringement notice given before the commencement of the Local Government Amendment Act 2009 section 42(1) and purporting to be under this section is to be taken to have been as valid as if the amendment made by that subsection had been made before the notice was given.

        [Section 9.16 amended: No. 17 of 2009 s. 42.]