Infringement notice
63 Infringement notice
An authorised person who has reason to believe that a person has committed an offence against a local law or by‑law with respect to a cemetery that is prescribed to be an offence that may be dealt with under this section may, at or within 30 days after the time the offence is believed to have been committed, give to that person a notice in the prescribed form informing him that if he does not wish to be prosecuted for the alleged offence in a court he may, within 21 days after the giving of the notice, pay to a person specified in the notice, not being the person giving the notice, the amount of money specified in the notice as being the modified penalty for that offence.
A person given an infringement notice may decline to be dealt with under this section and, if the modified penalty is not paid within the period specified in the notice, or within such further time as may, whether before or after the expiry of that period, be allowed by a prescribed person, the person given the notice is deemed to have declined to be dealt with under this section.
An infringement notice may, whether or not the modified penalty has been paid, be withdrawn, at any time within 28 days after the giving of the notice, by the sending of a notice, in the prescribed form, signed by a prescribed person, to the alleged offender advising the alleged offender that the infringement notice has been withdrawn, and, in that event, the amount of any modified penalty that has been paid shall be refunded.
Where a modified penalty has been paid pursuant to an infringement notice and the notice has not been withdrawn as provided by subsection (3) proceedings shall not be brought against any person with respect to the offence alleged in the notice.
[Section 63 amended: No. 14 of 1996 s. 4; No. 84 of 2004 s. 80.]
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