Dog Regulations 2013

Where a designated person has reason to believe that a person has committed an offence mentioned in regulation 33B, the designated person may serve on the alleged offender a notice in the form of Form 8 (an infringement notice) informing the alleged offender that, if the alleged offender does not wish to be prosecuted in court for the alleged offence, the alleged offender may pay to the designated person, within the time specified in the notice, the amount prescribed as the modified penalty.

An infringement notice may be served on an alleged offender personally or by posting it to the alleged offender’s address as ascertained from the alleged offender, at the time of or immediately following the occurrence giving rise to the allegation of the offence, or as recorded by the CEO under the Act.

Where a person who receives an infringement notice fails to pay the prescribed penalty within the time specified in the notice, or within such further time as may in any particular case be allowed, the person must be regarded as having declined to have the allegation dealt with by way of a modified penalty.

An alleged offender on whom an infringement notice has been served may, within the time specified in that notice or such further time as may in any particular case be allowed, send or deliver to the designated person the amount of the prescribed penalty, with or without a reply as to the circumstances giving rise to the allegation, and then —

the CEO may appropriate that amount in satisfaction of the penalty in which event the designated person must issue an acknowledgment; or

the CEO, or a designated person acting on behalf of the CEO, may withdraw the infringement notice under subregulation (5) and refund the amount so paid.

An infringement notice may, whether or not the prescribed penalty has been paid, be withdrawn by the CEO, or a designated person acting on behalf of the CEO, by the sending of a notice in the form of Form 9 to the alleged offender at the address specified in the notice or the alleged offender’s last known place of residence or business and in that event any amount received by way of modified penalty must be refunded and any acknowledgment of the receipt of that amount must for the purposes of any proceedings in respect of the alleged offence be regarded as not having been issued.

A designated person who serves an infringement notice under subregulation (1) cannot withdraw the infringement notice on behalf of the CEO under subregulation (5).