Commonwealth Numbered Regulations

1983 No. 262 GREAT BARRIER REEF MARINE PARK REGULATIONS - REG 17

17. (1) Where an inspector has reason to believe that an offence against
regulation 16 has been committed, he may serve or cause to be served a litter
notice in accordance with this regulation.

(2) A litter notice may be served by serving the notice personally on the
person who appears to have committed the offence, or by leaving it at his
last-known place of residence or business with a person apparently over the
age of 16 years and apparently an occupant of or employed at that place.

(3) A litter notice shall-

   (a)  clearly show on its face the full name, or surname and initials, and
        address of the person on whom it is served;

   (b)  clearly specify the nature of the alleged offence;

   (c)  clearly specify the day, time and place of the alleged offence;

   (d)  contain a notification to the person on whom it is served that, if he
        does not wish the matter to be dealt with by a court he may make a
        signed statement to that effect in the manner specified in the notice
        and pay the amount of the prescribed penalty specified in the notice
        within 30 days after the date of the notice; and

   (e)  clearly specify the place at which, and the manner in which, the
        prescribed penalty may be paid.

(4) For the purposes of this regulation, the prescribed penalty for an offence
against regulation 16 is the amount of $25.

(5) Where a litter notice has been served and, before the expiration of the
specified period of 30 days or at any time before the institution of
proceedings in respect of the alleged offence, the amount of the prescribed
penalty is paid in accordance with the notice and a statement signed by the
person on whom the notice was served, to the effect that he does not wish the
matter to be dealt with by a court is received by the Authority-

   (a)  any liability of a person in respect of the alleged offence shall be
        discharged;

   (b)  no further proceedings shall be taken in respect of the alleged
        offence; and

   (c)  no person shall be regarded as having been convicted for the alleged
        offence.

(6) Nothing in this regulation prevents the service of more than one litter
notice in respect of the same offence, but it is sufficient for the
application of sub-regulation (5) to a person on whom more than one such
notice has been served for that person to pay the prescribed penalty and to
make the statement referred to in that sub-regulation in accordance with any
one of the notices so served on him.

(7) Where the amount of the prescribed penalty is paid by cheque, payment
shall be deemed not to be made unless and until the cheque is honoured upon
presentation.

(8) Except as provided by sub-regulation (5), nothing in this regulation in
any way prejudices or affects the institution or prosecution of proceedings in
respect of an alleged offence or limits the amount of the fine that may be
imposed by a court in respect of an offence.

(9) Nothing in this regulation shall be construed as requiring the serving of
a litter notice under this regulation or as affecting the liability of a
person to be prosecuted in a court in respect of an alleged offence against
regulation 16 in relation to which a litter notice has not been served.