Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 46
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(1) An infringement notice offence is an offence against a provision of this Act, the Regulations or a management plan prescribed in the Regulations or a management plan to be an infringement notice offence.
(2) The prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in the Regulations or management plan.
If a Fisheries Officer believes on reasonable grounds that a person has committed an infringement notice offence, the Officer may give a notice (an infringement notice ) to the person.
(1) The infringement notice must specify the following:
(a) the name and address of the person, if known;
(b) the date the infringement notice is given to the person;
(c) the date, time and place of the infringement notice offence;
(d) a description of the offence;
(e) the prescribed amount payable for the offence;
(f) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act , to which the prescribed amount is payable.
(2) The infringement notice must include a statement to the effect of the following:
(a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given;
(b) the person may elect under section 21 of the Fines and Penalties (Recovery) Act to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency;
(c) if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act , including (but not limited to) action for the following:
(i) suspending the person's licence to drive;
(ii) seizing personal property of the person;
(iii) deducting an amount from the person's wages or salary;
(iv) registering a statutory charge on land owned by the person;
(v) making a community work order for the person and imprisonment of the person if the person breaches the order.
(3) Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subsection (2)(b).
If the person tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation.
(1) The Director may withdraw the infringement notice by written notice given to the person.
(2) The notice must be given:
(a) within 28 days after the infringement notice is given to the person; and
(b) before payment of the prescribed amount.
(1) This Division does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated.
(2) Also, this Division does not:
(a) require an infringement notice to be given; or
(b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or
(c) prevent more than one infringement notice for the same offence being given to a person.
(3) If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.
This Division applies if:
(a) a Fisheries Officer seizes any of the following under section 33(1):
(i) fishing gear that the Officer believes on reasonable grounds is being or has been used in the commission of a confiscation offence;
(ii) fish or aquatic life that the Officer believes on reasonable grounds were taken during the commission of a confiscation offence; and
(b) the Fisheries Officer does not intend to make a complaint or serve an infringement notice for the alleged offence.
The Fisheries Officer may, at the time of the seizure, give the person from whom the fishing gear, fish or aquatic life was seized (the alleged offender ) a notice (a contravention notice ) containing the following information:
(a) the name of the alleged offender;
(b) the date, time and place of the alleged confiscation offence;
(c) a description of the alleged confiscation offence and the circumstances causing the Fisheries Officer to believe the offence was being committed or had been committed;
(d) a description of the fishing gear, fish or aquatic life seized by the Fisheries Officer including, if possible, the type and quantity;
(e) the name of the Fisheries Officer;
(f) a statement that the alleged offender may choose to have the matter dealt with by the Local Court by applying under section 46K(1);
(g) a statement that, if the alleged offender does not apply under section 46K(1), the Local Court may make an order that the seized property or proceeds of the sale of the seized property is forfeit to the Territory.
(1) The Fisheries Officer must ensure that the fishing gear, fish or aquatic life seized is delivered into the custody of the Director or to a person authorised by the Director.
(2) If, in the opinion of the Director, any fish or aquatic life seized may rot, spoil or otherwise perish, it may be sold or otherwise disposed of by the Director.
(3) All seized property, and proceeds of sale of seized property under subsection (2), must be held in the custody of the Director or an authorised person until it is forfeit to the Territory or delivered to the alleged offender or owner.
(1) The alleged offender served with a contravention notice or, if that person is not the owner of the seized property, the owner may apply to the Local Court to have the Court deal with the matter.
(2) The application must be:
(a) made no later than 28 days after the date of the alleged confiscation offence; and
(b) in writing; and
(c) accompanied by a copy of the contravention notice.
(3) If the application is made by the alleged offender, the alleged offender must give notice of the application:
(a) to the Director; and
(b) if the alleged offender is not the owner of the seized property – to the owner.
(4) If the application is made by the owner of the seized property, the owner must give notice of the application:
(a) to the Director; and
(b) to the alleged offender.
(1) If an application is not made under section 46K(1) within the time mentioned in section 46K(2)(a), the Director may apply to the Local Court to have the Court deal with the matter.
(2) The application must be:
(a) in writing; and
(b) accompanied by a copy of the contravention notice.
(3) The Director must give notice of the application to:
(a) the alleged offender; and
(b) if the Director knows that the alleged offender is not the owner of the seized property – to the owner (if known).
(1) On an application under section 46K(1) or 46L(1), the Local Court may order that the seized property or proceeds of sale is forfeit to the Territory, if the Court is satisfied, on the balance of probabilities, that the alleged offender committed the confiscation offence in relation to which the property was seized.
(2) If the Local Court does not make an order under subsection (1), the Court must order that the seized property or proceeds of sale be delivered to the alleged offender or, if that person is not the owner of the seized property, the owner.
(3) An order under subsection (1) does not constitute a finding of guilt for an offence.
This Division does not limit Division 2.