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reg 12

Infringement notices—service if offender known—Act, s 24 (2)

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Part 2Infringement notices

12 Infringement notices—service if offender known—Act, s 24 (2)

(1)

If the identity of the person who is believed to have committed an infringement notice offence (the suspected offender) is known, an authorised person may serve an infringement notice for the offence on the suspected offender.

Note For how documents may be served, see the Legislation Act, pt 19.5.

(2)

An infringement notice may be served—

(a)

if it is reasonably practicable to serve the notice on the suspected offender personally—on the offender personally; or

(b)

in any other case—by sending the notice to the offender—

(i)

by prepaid post addressed to the offender, at—

(A)

the offender’s home address or business address; or

(B)

if the offender has an address for service in a record or register kept under the road transport legislation, Heavy Vehicle National Law (ACT) or a corresponding law—the recorded address for service; or

(ii)

by an electronic means if—

(A)

the electronic means is approved by the chief police officer or the road transport authority; and

(B)

the offender has given the authorised person an electronic address at which service may be effected by the electronic means.

Examples—electronic means

 email address

 mobile telephone number

Note For when a notice sent by post is taken to be given, see the Road Transport (General) Regulation 2000, s 9B. The Legislation Act, s 250 (1) does not apply to a notice given under the road transport legislation (see Road Transport (General) Regulation 2000, s 9B (4)).

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