ROTTNEST ISLAND AUTHORITY ACT 1987 - SECT 42

ROTTNEST ISLAND AUTHORITY ACT 1987 - SECT 42

42 .         Infringement notices

        (1)         A ranger who has reasonable grounds to believe that a person has committed an offence against regulations made under section 48 may give to that person an infringement notice in the prescribed form.

        (2)         The infringement notice shall inform the person that if he does not wish to be prosecuted for the alleged offence in a court he may, within a period of 21 days after the giving of the notice, pay to the Authority the amount of money specified in the notice as being the modified penalty for that offence.

        (3)         In an infringement notice for an alleged offence the amount of money specified as being the modified penalty for the offence shall be the amount that is, when the offence is committed, for the time being prescribed to apply to the offence if it is dealt with under this section.

        (4)         An infringement notice may be given to an alleged offender personally at or about the time the alleged offence is believed to have been committed or, where the offence is one that is committed by the occupier of premises in relation to the premises occupied by him, by leaving it for him at those premises.

        (5)         A person to whom an infringement notice is given may decline to be dealt with under this section and if the modified penalty is not paid within the period specified in the notice or within such further period as may, whether before or after the expiry of the specified period, be allowed by the Authority is deemed to have declined to be so dealt with.

        (6)         The Authority may, whether or not the modified penalty has been paid, withdraw an infringement notice, at any time within a period of 28 days after it was given by sending to the alleged offender a notice of withdrawal in the prescribed form.

        (7)         Any amount paid under an infringement notice that has been withdrawn shall be refunded.

        (8)         Where the modified penalty has been paid in accordance with an infringement notice within the period specified therein or within such further period as is allowed and the infringement notice has not been withdrawn under subsection (6), proceedings shall not be brought or penalty imposed that could not be brought or imposed if the person to whom the infringement notice was given had been convicted by a court of, and punished for, the alleged offence.

        [Section 42 amended: No. 84 of 2004 s. 80.]