Western Australian Current Acts Western Australian Current Acts (1) A reference in
subsection (2), (3), (5) or (7) to an authorised person is a reference to a
person appointed to be an authorised person under the
Local Government Act 1995 section 9.10(2) for the purposes of the subsection
in which the term is used.
(2) An authorised
person who has reason to believe that a person has committed a prescribed
offence against this Act may, within 21 days after the alleged offence is
believed to have been committed, give an infringement notice to the alleged
offender.
(3) An infringement
notice is to be in the prescribed form and is in every case —
(a) to
contain a description of the alleged offence; and
(b) to
advise that if the alleged offender does not wish to be prosecuted for the
alleged offence in a court, the amount of money as specified in the notice as
being the modified penalty for the offence may be paid to an authorised person
within a period of 28 days after the giving of the notice; and
(c) to
inform the alleged offender as to who are authorised persons for the purpose
of receiving payment of modified penalties.
(4) In an infringement
notice the amount specified as being the modified penalty for the offence
referred to in the notice is to be the amount that was the prescribed modified
penalty at the time the alleged offence was believed to have been committed.
(5) An authorised
person may, in a particular case, extend the period of 28 days within which
the modified penalty may be paid and the extension may be allowed whether or
not the period of 28 days has elapsed.
(6) If the modified
penalty specified in an infringement notice has been paid within 28 days or
such further time as is allowed and the notice has not been withdrawn, the
bringing of proceedings and the imposition of penalties are prevented to the
same extent as they would be if the alleged offender had been convicted by a
court of, and punished for, the alleged offence.
(7) An authorised
person may, whether or not the modified penalty has been paid, withdraw an
infringement notice by sending to the alleged offender a notice in the
prescribed form stating that the infringement notice has been withdrawn.
(8) If an infringement
notice is withdrawn after the modified penalty has been paid, the amount is to
be refunded.
(9) The amount of any
modified penalty paid pursuant to an infringement notice must, subject to
subsection (8), be dealt with as if it were a fine imposed by a court as a
penalty for an offence.
(10) Payment of a
modified penalty is not to be regarded as an admission for the purposes of any
proceedings, whether civil or criminal.
(11) A person who is
authorised to give infringement notices under subsection (2) cannot be an
authorised person for the purposes of subsection (3), (5) or (7).
[(12) deleted]
[Section 23 amended: No. 84 of 2004 s. 80; No. 16
of 2019 s. 87.]