Home Building Contracts Act 1991

A reference in subsection (2), (3), (5) or (7) to an authorised person is a reference to a person appointed under subsection (10) to be an authorised person 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 to —

contain a description of the alleged offence; and

advise that if the alleged offender does not wish to be prosecuted for the alleged offence in a court, the amount of money 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

inform the alleged offender as to who are authorised persons for the purposes 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 must be the amount that was the prescribed modified penalty at the time the alleged offence is believed to have been committed.

The modified penalty that regulations may prescribe for an offence is not to exceed 20% of the maximum penalty for that offence.

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.

Where 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in an infringement notice has been paid within 28 days or such further time as is allowed and the notice has not been withdrawn, the bringing of proceedings and the imposition of penalties are prevented to the same extent as they would be if the alleged offender had been convicted by a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notice by sending to the alleged offender a notice in the prescribed form stating that the infringement notice has been withdrawn.

If an infringement notice is withdrawn after the modified penalty has been paid, the amount is to be refunded.

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

The Building Commissioner may, in writing, appoint persons or classes of persons to be authorised persons for the purposes of subsection (2), (3), (5) or (7) but a person who is authorised to give infringement notices under subsection (2) is not eligible to be an authorised person for the purposes of any of the other subsections.

The Building Commissioner must issue to each person who is authorised to give infringement notices under this section a certificate stating that the person is so authorised, and the authorised person is to produce the certificate whenever required to do so by a person to whom he or she has given or is about to give an infringement notice.