Commonwealth Numbered Regulations

1986 No. 291 INTERSTATE ROAD TRANSPORT REGULATIONS - REG 52

52. (1) In this regulation, unless the contrary intention appears-

"authorised person", in relation to an infringement notice under this
regulation, means the person appointed by the Minister, by notice in writing
published in the Gazette, to be, for the purposes of this regulation, the
authorised person in relation to the class of infringement notices (being a
class determined by reference to the status of the persons issuing the
notices) in which the infringement notice is included;

"inspector" means a person who is an inspector for the purposes of section 44
of the Act;

"police officer" has the same meaning as in section 44 of the Act;

"prescribed penalty" means-

   (a)  in relation to an offence against sub-regulation 15 (1) or (4), 17
        (2), 20 (2), 22 (3), 26 (1), (2), (3), (4) or (5) or 29 (1)-

        (i)    where the person who is alleged to have committed the offence
               is a natural person-$100; or

        (ii)   where the person who is alleged to have committed the offence
               is a body corporate-$500; or

   (b)  in relation to an offence against sub-regulation 17 (1) or (3), 20
        (1), 22 (1) or (2) or 24 (1) or (2) or regulation 28 or 42-

        (i)    where the person who is alleged to have committed the offence
               is a natural person-$50; or

        (ii)   where the person who is alleged to have committed the offence
               is a body corporate-$250.

(2) Where a police officer or an inspector believes on reasonable grounds that
a person has committed an offence against these Regulations, the police
officer or inspector may serve, or cause to be served, on the person an
infringement notice in accordance with this regulation.

(3) An infringement notice in respect of an offence alleged to have been
committed against these Regulations shall-

   (a)  state the name of the police officer or inspector who serves the
        notice, or causes the notice to be served;

   (b)  specify the day on which and the time and place at which the offence
        is alleged to have been committed;

   (c)  specify the nature of the alleged offence;

   (d)  contain a notification to the person on whom it is served that, if the
        person does not wish the matter to be dealt with by a court, he or she
        may pay the amount of the prescribed penalty in relation to the
        offence, being the amount specified in the notice, within the period
        of 28 days after the date of the notice; and

   (e)  specify the place at which, and the manner in which, the prescribed
        penalty may be paid, and may contain such other particulars, if any,
        as the Minister considers necessary.

(4) Where-

   (a)  an infringement notice in respect of an offence alleged to have been
        committed against these Regulations has been served on a person; and

   (b)  before the expiration of the period of 28 days after the date of the
        notice or such further period (not exceeding 28 days) as the
        authorised person in relation to the infringement notice, whether
        before or after the expiration of the first-mentioned period, allows,
        the amount of the prescribed penalty in relation to the alleged
        offence is paid in accordance with the notice, then-

   (c)  any liability of the person in respect of the alleged offence shall be
        deemed to be discharged;

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

   (e)  the person shall not be regarded as having been convicted of the
        alleged offence.

(5) An infringement notice may be served on a person-

   (a)  where the person is a natural person-

        (i)    by delivering the notice to the person;

        (ii)   by sending the notice by post to the person at the last known
               or usual place of residence or business of the person or at the
               last known or usual postal address of the person; or

        (iii)  by leaving the notice at the last known or usual place of
               residence or business of the person with another person who is,
               or is reasonably believed to be, over the age of 16 years and
               is, or is reasonably believed to be, residing, or employed, at
               that place; or

   (b)  where the person is a body corporate-

        (i)    by delivering the notice to a person who is, or is reasonably
               believed to be, an officer of, or in the service of, the body
               corporate and is, or is reasonably believed to be, above the
               age of 16 years at an office or place of business of the body
               corporate; or

        (ii)   by sending the notice by post to an office or place of business
               of the body corporate or at a postal address of the body
               corporate.

(6) At the hearing of a prosecution for an offence in respect of which an
infringement notice has been served-

   (a)  a certificate signed by an authorised person in relation to the
        infringement notice and stating-

        (i)    that the authorised person did not allow, for the purposes of
               paragraph (4) (b), a further period for the payment of the
               prescribed penalty in relation to the offence; and

        (ii)   that the prescribed penalty in relation to the offence was not
               paid in accordance with the notice within the period of 28 days
               after the date of the notice; or

   (b)  a certificate signed by an authorised person in relation to the
        infringement notice and stating-

        (i)    that the authorised person allowed, for the purposes of
               paragraph (4) (b), the further period specified in the
               certificate for the payment of the penalty in relation to the
               prescribed offence; and

        (ii)   that the prescribed penalty in relation to the offence was not
               paid in accordance with the notice within the period of 28 days
               after the date of the notice or within the further period
               allowed for the purposes of paragraph (4) (b), is evidence of
               the matters so stated.

(7) For the purposes of this regulation, a document that purports to have been
signed by an authorised person in relation to an infringement notice shall be
taken to have been so signed unless the contrary is proved.

(8) Nothing in this regulation prevents the service of more than one
infringement notice in respect of the same offence, but it is sufficient for
the application of sub-regulation (4) to a person on whom more than one such
notice has been served that the person pays the prescribed penalty in relation
to the offence in accordance with any one of the notices so served on him or
her.

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

(10) Where an infringement notice in respect of an alleged offence has not
been served on a person in accordance with this regulation, nothing in this
regulation is to be construed as-

   (a)  requiring the service of an infringement notice in accordance with
        this regulation on the person in respect of the offence;

   (b)  affecting the liability of the person to be prosecuted for the
        offence; or

   (c)  limiting the amount of the fine that may be imposed by a court on
        conviction of the person for the offence.