Summary Offences Regulations 1994

These Regulations may be cited as the Summary Offences

Regulations 1994.

In these Regulations, unless the contrary intention appears,

infringement notice means a notice issued under regulation 3.

Where a member believes a person has contravened or failed to comply with section 47, 53(1)(a) or (7), 53A(2), 53B(3), 55, 65AA, 65A, 66(1)(a), 76, 78, 82(1), (2) or (3), or 85 of the Act, the member may serve an infringement notice on the person by:

personally handing it to the person;

posting it to the person at the person's last known postal address, place of residence or business; or

leaving it for the person at the person's last known place of residence or business with some other person apparently resident or employed there and apparently not less than 16 years of age.

An infringement notice shall have clearly shown on it:

the date, time and place of the offence;

the nature of the offence or offences and the penalty or penalties payable;

the place or places at which a penalty may be paid;

the date of the infringement notice and a statement that the penalty may be paid within 28 days after that date;

a statement to the effect that, if the appropriate amount specified in the infringement notice as the penalty for the offence is tendered at the place referred to in the notice within the time specified in the notice, no further action will be taken; and

such other particulars and instructions as the Commissioner may approve.

The penalty payable under these Regulations in lieu of the penalty that may otherwise be imposed in respect of an offence in respect of which an infringement notice has been served is:

for an alleged offence under section 53(1)(a), 65AA, 65A, 66(1)(a), 76, 78, 82(1) to (3) or 85 of the Act - $144; or

for an alleged offence under section 53(7) of the Act - $288; or

for an alleged offence under section 47 or 55 of the Act - $432; or

for an alleged offence under section 53A(2) or 53B(3) of the Act - $576.

Subject to regulation 7, where, before the expiration of the period specified in an infringement notice for the payment of a penalty, the amount of the penalty shown on the notice is paid at a place specified in the notice, the person to whom the infringement notice was issued shall be deemed to have expiated the offence by payment of the penalty and no further proceedings shall be taken in relation to the offence, unless the notice is, in accordance with regulation 5, withdrawn.

Where a person tenders a cheque in payment of a penalty under this regulation at, or sends it by post to, a place specified in an infringement notice as a place where the penalty may be paid, payment shall be deemed not to be made unless the cheque is honoured on presentation.

Nothing in these Regulations:

prevents the service of more than one infringement notice in relation to the same offence but it is sufficient for the application of regulation 6 to a person on whom more than one such notice has been served for that person to pay the amount of the penalty in accordance with any one notice so served on that person;

prejudices or affects (except as provided by regulation 6) the institution or prosecution of proceedings, or limits the amount of the fine that may be imposed by a court, in relation to an offence; or

shall be construed as requiring the serving of an infringement notice or as affecting the liability of a person to be prosecuted in a court in relation to an offence in respect of which an infringement notice has not been served.

An offence against any of the following provisions is prescribed for section 55A(10)(a) of the Act:

A person who is given a notice under section 55A(1) of the Act may apply to the Local Court for a review of the notice.

The applicant must do so within:

21 days after receiving the notice; or

a longer period allowed by the Court.

Subject to any order made by the Court, the application stays the operation of the notice until the application is decided.

The Commissioner is a party to the proceedings for the review.

The Court may:

conduct the review in any way it considers appropriate; and

after considering evidence and representations brought before the Court:

amend or revoke the notice if the Court considers it appropriate to do so; or

otherwise - refuse the application.

In conducting the review, the Court must consider the matter afresh and is not bound by anything considered by the Commissioner.

Without limiting subregulation (6), the Court may:

admit evidence that was not considered by the Commissioner in giving the notice; and

refuse to admit evidence that was considered by the Commissioner in giving the notice.

If another person specified in the notice has also been given a notice under section 55A(1) of the Act, the Court may amend or revoke that other notice if the Court considers it appropriate to do so.

The Commissioner cannot be compelled to give evidence relating to the giving of the notice or the basis on which the notice was given.