WESTERN AUSTRALIAN MARINE ACT 1982 - SECT 132
WESTERN AUSTRALIAN MARINE ACT 1982 - SECT 132
132 . Proceedings by way of infringement notice
(1) An authorised
person who believes on reasonable grounds that a person has committed an
offence under this Act, in respect of which offence a modified penalty is
prescribed, may serve, by personal delivery to the person or by posting to him
at his address ascertained from him at or about the time that offence is
believed to have been committed, a notice (an infringement notice ) in the
prescribed form informing the person that if he does not wish to be prosecuted
for the alleged offence in a court he may pay to a designated officer, not
being a designated officer who is the authorised person serving that notice,
within a period of 28 days after the date of service of that notice, the
amount of the modified penalty.
(2) If the alleged
offence was allegedly committed in connection with a vessel, an authorised
person may —
(a) if
the identity of the alleged offender is not known and cannot immediately be
ascertained — address the infringement notice concerned to, and serve it
on, the owner of the vessel concerned within a period of 30 days after the
date on which the alleged offence is believed to have been committed; or
(b) if
the identity of the alleged offender is not known and cannot immediately be
ascertained and the identity of the owner of the vessel is not known and
cannot be ascertained after reasonable enquiry — address the
infringement notice concerned to the owner of that vessel, without naming him
or stating his address, and serve that infringement notice by attaching it to
that vessel or by leaving it in or on the vessel within the period referred to
in paragraph (a).
(3) When, under
subsection (2) an infringement notice is addressed to and served on the owner
of a vessel within the period referred to in paragraph (a) of that subsection
or addressed to the owner of a vessel and served by attaching it to the vessel
or leaving it in or on the vessel within that period, then, unless within a
period of 21 days after the date of service of the infringement notice —
(a) the
modified penalty concerned is paid; or
(b) the
owner of the vessel —
(i)
informs an authorised person of the identity and address
of the person who was in charge of the vessel; or
(ii)
satisfies an authorised person that the vessel had been
stolen or unlawfully taken, or was being unlawfully used,
at the time when the
alleged offence is believed to have been committed,
the owner of the
vessel is, in the absence of proof to the contrary, deemed to be the person
who was in charge of the vessel at the time when the alleged offence is
believed to have been committed.
(4) A person on whom
an infringement notice is served —
(a) may
decline; or
(b) if
he fails to pay the modified penalty concerned within a period of 21 days
after the date of that service, is deemed to have declined,
to be dealt with under
the provisions of this section.
(5) An authorised
person may, whether or not the modified penalty concerned has been paid,
withdraw an infringement notice at any time within a period of 28 days after
it is served by sending to the alleged offender a notice in the prescribed
form signed by the authorised person and advising the alleged offender that
the infringement notice has been withdrawn.
(5A) An authorised
person may not withdraw an infringement notice under subsection (5) if the
authorised person served the infringement notice.
(6) The amount of any
modified penalty paid pursuant to an infringement notice which has been
withdrawn under subsection (5) shall be refunded.
(7) When a modified
penalty has been paid pursuant to an infringement notice and the infringement
notice has not been withdrawn under subsection (5), proceedings shall not be
brought against any person in respect of the alleged offence specified in the
infringement notice.
(8) A person, other
than the owner or person in charge of a vessel in respect of which an alleged
offence is believed to have been committed, shall not remove an infringement
notice relating to the alleged offence attached to or left in or on that
vessel by an authorised person.
Penalty for this subsection: a fine of $2 000.
(9) An infringement
notice served under subsection (2) shall contain, inter alia , a short
statement of the effect of subsection (3).
(10) The Minister may
by notice published in the Gazette designate a public service officer or class
of public service officer, within the meaning of the
Public Sector Management Act 1994 , to receive payment of the amounts of
modified penalties.
(11) In this section,
unless the context otherwise requires —
alleged offence means offence referred to in
subsection (1);
alleged offender means person who is believed by
the authorised person concerned to have committed an alleged offence;
authorised person includes an inspector;
designated officer means person designated under
subsection (10).
(12) In subsection (3)
—
person who was in charge of the vessel includes
the person who was the driver, master, possessor, skipper, owner or user of
the vessel or the person causing, permitting or suffering the vessel to be
navigated, as the case requires.
[Section 132 amended: No. 47 of 1993 s. 33(2); No.
32 of 1994 s. 19; No. 84 of 2004 s. 80; No. 2 of 2019 s 64; No. 24 of 2023
s. 93.]