Northern Territory Repealed Regulations

This legislation has been repealed.

CONSUMER AFFAIRS AND FAIR TRADING (INFRINGEMENT NOTICES) REGULATIONS

NORTHERN TERRITORY OF AUSTRALIA

CONSUMER AFFAIRS AND FAIR TRADING (INFRINGEMENT NOTICES) REGULATIONS

As in force at 9 October 2002

Table of provisions

NORTHERN TERRITORY OF AUSTRALIA

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This reprint shows the Regulations as in force at 9 October 2002. Any amendments that commence after that date are not included.

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CONSUMER AFFAIRS AND FAIR TRADING (INFRINGEMENT NOTICES) REGULATIONS

Regulations under the Consumer Affairs and Fair Trading Act

1. Citation

These Regulations may be cited as the Consumer Affairs and Fair Trading (Infringement Notices) Regulations.

1. Definitions

In these Regulations, unless the contrary intention appears:

infringement notice means an infringement notice issued in pursuance of these Regulations.

offence means an offence against a provision of the Act that is specified in column 1 of the Schedule.

offender means a person who the Commissioner reasonably believes has committed an offence.

1. Issuing of infringement notices

If the Commissioner reasonably believes that an offence has been committed, he or she may serve an infringement notice on the offender.

1. Particulars to be shown on infringement notices

An infringement notice is to have clearly shown on it:

(a) the name of the offender, if known;

(b) the date, time and place of the offence;

(c) the nature of the offence and the penalty payable in accordance with regulation 5;

(d) the place or places at which the penalty may be paid;

(e) the date of the infringement notice and a statement that the penalty may be paid within 28 days after that date; and

(f) a statement to the effect that, if the appropriate amount specified in the infringement notice as the penalty for the offence is tendered at a place referred to in the notice within the time specified in the notice, no further action will be taken in respect of the offence.

1. Penalty payable

The penalty payable for the purposes of these Regulations for an offence against a provision of the Act specified in column 1 of the Schedule is the number of penalty units specified opposite the provision in column 3.

1. Payment before expiry date of infringement notices

(1) If the amount of the penalty specified in an infringement notice is paid in accordance with the notice, the offender is taken to have expiated the offence by paying the penalty and no further proceedings are to be taken in respect of the offence.

(2) If the amount of a penalty specified in an infringement notice is paid by cheque, the amount is not taken to have been paid unless the cheque is cleared on presentation.

1. General

These Regulations:

(a) do not prevent more than one infringement notice being served in relation to the same offence but it is sufficient for the application of regulation 6 to a person on whom more than one notice has been served for the person to pay the amount of the penalty in accordance with any one of the notices;

(b) do not prejudice or affect (except as provided by regulation 6) proceedings being instituted or prosecuted, and do not limit the penalty that may be imposed by a court, in relation to an offence; and

(c) are not to be construed as requiring an infringement notice to be served or as affecting the liability of a person to be prosecuted in a court in relation to an offence in respect of which an infringement notice has not been served.

Schedule Offences and penalties

regulation 2

ENDNOTES

1 KEY

Key to abbreviations

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted

nc = not commenced

2 LIST OF LEGISLATION