Power to serve a notice
40 Power to serve a notice
A WELS inspector may serve an infringement notice on any person that he or she has reason to believe has committed an offence against Division 2 or 3 of Part 7.
S. 40(1A) inserted by No. 32/2006 s. 94(Sch. item 51(1)).
An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
The infringement penalty for an alleged offence is one‑tenth of the maximum fine that a court could impose as a penalty for that offence.
An infringement notice may be served on a person—
by delivering it personally to the person; or
by leaving it at the last known place of residence or business of the person with a person, apparently over the age of 16 years, who appears to live or work at the place; or
by sending it by post addressed to the person at the person's last known place of residence or business.
Note
This section differs from section 40 of the Commonwealth Act.
S. 40A substituted by No. 32/2006 s. 94(Sch. item 51(2)).
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