Nature Conservation (Protected Areas Management) Regulation 2024

This section applies to a person who is given an infringement notice under the State Penalties Enforcement Act 1999 for an offence against the Act if the person—

is convicted of the offence; or

pays the fine stated in the infringement notice for the offence; or

applies under the State Penalties Enforcement Act 1999, section 23 to pay the fine stated in the infringement notice for the offence by instalments; or

fails to pay the fine stated in the infringement notice for the offence, resulting in a default certificate being given to SPER for the infringement notice.

The person accumulates the following number of demerit points for the offence—

for an offence for which the maximum penalty is not more than 20 penalty units—1 demerit point;

for an offence for which the maximum penalty is more than 20 but not more than 50 penalty units—2 demerit points;

for an offence for which the maximum penalty is more than 50 but not more than 80 penalty units—3 demerit points;

for an offence for which the maximum penalty is more than 80 but not more than 120 penalty units—4 demerit points;

for an offence for which the maximum penalty is more than 120 but not more than 165 penalty units—5 demerit points;

for an offence for which the maximum penalty is more than 165 penalty units—7 demerit points.

The person accumulates the demerit points for the offence on the day that subsection (1) applies to the person.

However, if the day mentioned in subsection (3) is within the period in which a court proceeding, for the offence has started but not ended, subsection (3) does not apply to the person until the day the period ends.

Subsections (3) and (4) apply subject to the State Penalties Enforcement Act 1999, section 31.

In this section—