Private Security (Miscellaneous Matters) Regulations 2006

These Regulations may be cited as the Private Security (Miscellaneous Matters) Regulations 2006.

Part

3 Infringement notices

(1) If an authorised officer believes that a person has committed an offence against a provision of the Act or Regulations specified in column 1 of Schedule 2, the inspector may serve an infringement notice on the person.

authorised officer means a person appointed as an inspector under section 35 of the Act.

The prescribed amount that may be paid, instead of the penalty that may otherwise be imposed for an offence against a provision of the Act or Regulations specified in column 1 of Schedule 2 is the amount specified opposite in column 2 of Schedule 2.

An infringement notice is a notice to the effect that:

(a) an offence is alleged to have been committed against the Act or Regulations; and

(b) if the penalty amount indicated is paid within the time and at the place specified, the alleged offence is expiated and no person is liable for any further proceedings in the matter; and

(c) the person served with the infringement notice can elect to have the matter dealt with by a court by serving written notice in accordance with the directions given on the infringement notice.

(1) If an alleged offender pays the prescribed amount specified in an infringement notice in accordance with the notice, the alleged offender is taken to have expiated the offence and no further proceedings are to be taken in respect of the offence.

(2) If an alleged offender tenders a cheque in payment of a prescribed amount, the amount is not taken to have been paid unless the cheque is cleared.

An infringement notice may be withdrawn at any time within 28 days after it is served, but before payment of the prescribed amount specified in the infringement notice, if the Director serves on the alleged offender a notice stating that the infringement notice is withdrawn.

Service of an infringement notice or a notice of withdrawal of an infringement notice is effected:

(a) by serving it personally on the alleged offender; or

(b) by posting it to the alleged offender at his or her last known address; or

(c) by leaving it for the alleged offender at his or her last known place of residence or business with a person apparently resident or employed there and apparently not less than 16 years of age.

These Regulations:

(a) do not prevent more than one infringement notice for the same offence being served on an alleged offender, but it is sufficient for the application of regulation 6 to an alleged offender on whom more than one infringement notice has been served for the alleged offender to pay the prescribed amount in accordance with any one of those notices; and

(b) do not limit the penalty that may be imposed by a court, for an offence; and

(c) do not require an infringement notice to be served and do not affect the liability of a person to be prosecuted in a court for an offence in respect of which an infringement notice has not been served.

regulations 3 and 4