Western Australian Current Acts Western Australian Current Acts (1) A modified penalty
notice is to be in the prescribed form and is to —
(a)
contain a description of the alleged offence; and
(b)
advise that if the alleged offender does not wish to be prosecuted for the
alleged offence in a court, the amount of money specified in the notice as
being the modified penalty for the offence may be paid to a designated person
within a period of 28 days after the service of the notice; and
(c)
inform the alleged offender as to who are designated persons for the purposes
of receiving payment of modified penalties.
(2) In a modified
penalty notice the amount specified as the modified penalty for the alleged
offence referred to in the notice is to be the amount that was —
(a) if
the alleged offender has not previously been convicted of an offence of that
kind and has not previously paid a modified penalty under this Division in
respect of an alleged offence of that kind, 10% of the maximum fine that could
be imposed for that offence by a court; and
(b) if
the alleged offender has previously been convicted of an offence of that kind,
or has previously paid a modified penalty under this Division in respect of an
alleged offence of that kind, 20% of the maximum fine that could be imposed
for that offence by a court,
at the time the
alleged offence is believed to have been committed.
(3) The CEO may, in
writing, appoint persons or classes of persons to be designated persons for
the purposes of this section.
[Section 99B inserted: No. 14 of 1998 s. 14;
amended: No. 54 of 2003 s. 140(2); No. 84 of 2004 s. 80.]