Prescribed offences and modified penalties
165 Prescribed offences and modified penalties
The offences specified in Schedule 9 column 1 are prescribed as offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.
For the purposes of the Criminal Procedure Act 2004 section 5(3) —
the amount specified in Schedule 9 column 2, directly opposite an offence, is the modified penalty for that offence if —
the alleged offender is an individual; and
the individual has not previously been convicted of an offence of that kind and has not previously paid a modified penalty under that Act in respect of an alleged offence of that kind;
and
the amount specified in Schedule 9 column 3, directly opposite an offence, is the modified penalty for that offence if —
the alleged offender is a body corporate; and
the body corporate has not previously been convicted of an offence of that kind and has not previously paid a modified penalty under that Act in respect of an alleged offence of that kind;
and
2 times the amount specified in Schedule 9 column 2, directly opposite an offence, is the modified penalty for that offence if —
the alleged offender is an individual; and
the individual has previously been convicted of an offence of that kind or has previously paid a modified penalty under that Act in respect of an alleged offence of that kind;
and
2 times the amount specified in Schedule 9 column 3, directly opposite an offence, is the modified penalty for that offence if —
the alleged offender is a body corporate; and
the body corporate has previously been convicted of an offence of that kind or has previously paid a modified penalty under that Act in respect of an alleged offence of that kind.
For the purposes of subregulation (2), a prior conviction or payment of a modified penalty in respect of an alleged offence is not to be taken into account for the purpose of determining whether the alleged offender has previously been convicted of an offence or has previously paid a modified penalty unless —
the prior conviction was recorded within the period of 5 years immediately before the giving of an infringement notice in respect of the present alleged offence; or
the modified penalty was paid within the period of 5 years immediately before the giving of an infringement notice in respect of the present alleged offence.
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