Western Australian Current Acts

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CRIMINAL PROCEDURE ACT 2004 - SECT 9

9 .         Form and content of infringement notices

        (1)         An infringement notice must —

            (a)         be in the prescribed form; and

            (b)         be addressed to the alleged offender by name, unless section 12(1) applies; and

            (c)         comply with Schedule 1 clause 5, which applies as if the alleged offence were a charge and the infringement notice were a prosecution notice; and

            (d)         state the modified penalty for the offence; and

            (e)         be dated with the date it is issued; and

            (f)         inform the alleged offender —

                  (i)         that within 28 days after the date of the notice the alleged offender may elect to be prosecuted for the alleged offence; and

                  (ii)         how to make such an election; and

                  (iii)         that if the alleged offender does not want to be prosecuted for the alleged offence, the modified penalty for the offence may be paid to an approved officer within 28 days after the date of the notice; and

                  (iv)         how and where the modified penalty may be paid;

                and

            (g)         if the Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 3 applies to the notice, inform the alleged offender of the action that may be taken under that Act if the alleged offender does not act in accordance with the notice; and

            (h)         contain any information prescribed by the regulations made under the prescribed Act.

        (2)         The amount stated in an infringement notice as the modified penalty must be the amount that was the prescribed modified penalty at the time the alleged offence is believed to have been committed.

        (3)         An infringement notice must not relate to more than one alleged offence.



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