Australian Capital Territory Current Acts

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 24

    (1)     Subsection (2) applies if an authorised person reasonably believes that a person has committed an infringement notice offence (other than a heavy vehicle infringement notice offence).

    (2)     A notice for the offence may be served on the person.

Note     An authorised officer under the Heavy Vehicle National Law (ACT)

may serve a person with a notice if the officer reasonably believes the person has committed a heavy vehicle infringement notice offence (see Heavy Vehicle National Law (ACT)

, s 591 (1)).

    (3)     If an authorised person reasonably believes that a person has committed an offence and section 23 (6) applies to the offence—

        (a)     the administering authority need not consider whether the person would, if convicted, be a first offender or a repeat offender in relation to the offence; and

        (b)     for the purposes of the infringement notice, the person is presumed to be a first offender.

    (4)     An infringement notice must be served in the way prescribed by regulation.

Note     The Heavy Vehicle National Law (ACT)

, s 591 (2) provides that the procedures to be followed in connection with a heavy vehicle infringement notice are to be the procedures prescribed under the Infringement Notice Offences Law for the territory (see also s 5, def Infringement Notice Offences Law and Heavy Vehicle National Law (ACT) Act 2013

, s 13).

    (5)     An infringement notice must not be served—

        (a)     if a regulation prescribes a period within which an infringement notice must be served—after the end of the prescribed period; or

        (b)     in any other case—later than 1 year after the day the infringement notice offence to which the notice relates was committed.

    (6)     For subsection (5) (b), if the infringement notice offence is an ongoing offence, the day the infringement notice offence was committed is the last day of the ongoing offence.

Note     See s 31 for the time within which a prosecution for an infringement notice must be begun.

    (7)     In this section:

"infringement notice "means—

        (a)     a notice mentioned in subsection (2); and

        (b)     a notice mentioned in the Heavy Vehicle National Law (ACT)

, section 591 (1) (Infringement Notices).