Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An authorised
person who has reason to believe that a person has committed a prescribed
offence against this Act may, within 21 days after the alleged offence is
believed to have been committed, give an infringement notice to the alleged
offender.
(2) An infringement
notice shall be in the prescribed form and shall in every
case —
(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 the Director General
within a period of 28 days after the giving of the notice.
(3) In an infringement
notice the amount specified as being the modified penalty for the offence
referred to in the notice shall be the amount that was the prescribed modified
penalty at the time the alleged offence is believed to have been committed.
(4) The Director
General may, in a particular case, extend the period of 28 days within
which the modified penalty may be paid and the extension may be allowed
whether or not the period of 28 days has elapsed.
(5) Where the modified
penalty specified in an infringement notice has been paid within 28 days
or such further time as is allowed and the notice has not been withdrawn, the
bringing of proceedings and the imposition of penalties are prevented to the
same extent as they would be if the alleged offender had been convicted by a
court of, and punished for, the alleged offence.
(6) The Director
General may, whether or not the modified penalty has been paid, withdraw an
infringement notice by sending to the alleged offender a notice in the
prescribed form stating that the infringement notice has been withdrawn.
(7) Where an
infringement notice is withdrawn after the modified penalty has been paid, the
amount shall be refunded.
(8) An amount paid as
a modified penalty shall, subject to subsection (7), be dealt with as if
it were a fine imposed by a court as a penalty for an offence.
(9) Payment of a
modified penalty shall not be regarded as an admission for the purposes of any
proceedings, whether civil or criminal.
(10) The Director
General shall issue to each authorised officer a certificate stating that he
or she is authorised to issue infringement notices under this section and the
authorised officer shall produce the certificate whenever required to do so by
a person to whom he or she has given, or is about to give, an infringement
notice.
[Section 39 amended by No. 78 of 1995
s. 126; No. 84 of 2004 s. 80.]