Caravan Parks and Camping Grounds Act 1995

A reference in subsection (2), (3), (5) or (7) to an authorised person is a reference to a person appointed to be an authorised person under the Local Government Act 1995 section 9.10(2) for the purposes of the subsection in which the term is used.

An authorised person who has reason to believe that a person has committed a prescribed offence against this Act may, within 21 days after the alleged offence is believed to have been committed, give an infringement notice to the alleged offender.

An infringement notice is to be in the prescribed form and is in every case —

to contain a description of the alleged offence; and

to advise that if the alleged offender does not wish to be prosecuted for the alleged offence in a court, the amount of money as specified in the notice as being the modified penalty for the offence may be paid to an authorised person within a period of 28 days after the giving of the notice; and

to inform the alleged offender as to who are authorised persons for the purpose of receiving payment of modified penalties.

In an infringement notice the amount specified as being the modified penalty for the offence referred to in the notice is to be the amount that was the prescribed modified penalty at the time the alleged offence was believed to have been committed.

An authorised person may, in a particular case, extend the period of 28 days within which the modified penalty may be paid and the extension may be allowed whether or not the period of 28 days has elapsed.

If the modified penalty specified in an infringement notice has been paid within 28 days or such further time as is allowed and the notice has not been withdrawn, the bringing of proceedings and the imposition of penalties are prevented to the same extent as they would be if the alleged offender had been convicted by a court of, and punished for, the alleged offence.

An authorised person may, whether or not the modified penalty has been paid, withdraw an infringement notice by sending to the alleged offender a notice in the prescribed form stating that the infringement notice has been withdrawn.

If an infringement notice is withdrawn after the modified penalty has been paid, the amount is to be refunded.

The amount of any modified penalty paid pursuant to an infringement notice must, subject to subsection (8), be dealt with as if it were a fine imposed by a court as a penalty for an offence.

Payment of a modified penalty is not to be regarded as an admission for the purposes of any proceedings, whether civil or criminal.

A person who is authorised to give infringement notices under subsection (2) cannot be an authorised person for the purposes of subsection (3), (5) or (7).