State Penalties Enforcement Act 1999

An infringement notice must be in the form approved by the administering authority.

The notice must state the following—

a unique number for the notice;

the date of the notice;

in relation to the alleged offender, unless the notice is served under section 14(3)—

the alleged offender’s full name, or surname and any initial, and address; or

the particulars that are, under a regulation, identifying particulars for the alleged offender;

in relation to the offence, particulars that are enough to show clearly the nature of the offence, including the following—

if the offence is one prescribed under a regulation for this paragraph—the identifying particulars prescribed under the regulation for the offence;

if the offence took place over a period and did not involve a vehicle—the period over which the offence was committed;

the place the offence was committed and, subject to subparagraph (ii), the time and date of the offence;

if the offence involves a vehicle—the identifying particulars prescribed under a regulation for the vehicle;

if the offence involves an animal—the identifying particulars prescribed under a regulation for the animal;

the fine for the offence and how and where the fine may be paid;

that the alleged offender must, within 28 days after the date of the notice—

pay the fine in full to the administering authority; or

make to the administering authority an election to have the matter of the offence decided in a Magistrates Court; or

if relevant, give to the administering authority an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration for the vehicle for the offence;

that the notice may be withdrawn before or after the fine is paid;

if the offence involves a vehicle, the general effect of section 17.

The infringement notice must also state—

if the fine is at least the threshold amount—

the alleged offender may, within 28 days after the date of the infringement notice, apply to the administering authority to pay the fine by instalments of not less than the minimum instalment; and

if the administering authority approves the application and the alleged offender pays the first instalment, the alleged offender may pay all remaining instalments to SPER in any way acceptable to SPER; and

that if the alleged offender defaults, enforcement action may be taken to recover the amount, including by registering it with SPER, and additional fees may be payable.