Western Australian Current Acts

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CRIMINAL PROCEDURE ACT 2004 - SECT 5

5 .         Prescribed offences and modified penalties for them

        (1)         Regulations made under a prescribed Act may prescribe an offence under the prescribed Act, or under any regulations made under the prescribed Act, to be an offence for which an infringement notice may be issued under this Part.

        (2)         An offence must not be prescribed under subsection (1) if the penalty for the offence is or includes imprisonment.

        (3)         For each offence prescribed under subsection (1), the regulations made under the prescribed Act must prescribe —

            (a)         a modified penalty that is applicable in any circumstances in which the offence is committed; or

            (b)         a modified penalty that is applicable if the offence is committed in circumstances specified in the regulations.

        (4)         Any modified penalty prescribed under subsection (3) for an offence —

            (a)         must be an amount of money; and

            (b)         must not exceed 20% of the statutory penalty for the offence.



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