Liquor Control Act 1988

In this section —

At the time, or within 21 days after, the alleged offence is believed to have been committed, an authorised officer who has reason to believe that a person —

has committed a prescribed offence against this Act;

is guilty of an offence by virtue of section 101, 164, 164A or 165 in relation to any such offence,

An infringement notice must be in the approved form and must —

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.

The modified penalty specified in an infringement notice shall be 10% of the maximum fine for that offence under this Act, as at the time the alleged offence is believed to have been committed.

An alleged offender to whom an infringement notice is given may decline to pay the modified penalty, and is deemed to have so declined if it is not paid within 28 days or such further time as may, whether before or after the expiry of that period, be allowed by the Director.

The Director may, whether or not the modified penalty has been paid, withdraw an infringement notice within 2 years after it was given by sending to the alleged offender a notice in the approved form, stating that the infringement notice has been withdrawn.

Where an infringement notice is withdrawn after the modified penalty has been paid, the amount paid shall be refunded.

If the modified penalty is paid within the 28 days or further time allowed and the infringement notice has not been withdrawn, in relation to the events giving rise to the alleged offence —

the payment of the penalty shall not be taken to be an admission, in any proceedings whether criminal or civil; and

no proceedings shall be brought, and no other penalty imposed, other than —

proceedings which might have been brought or a penalty which might have been imposed even if a charge of the alleged offence had been heard and determined by a court; or

proceedings or a penalty under sections 95 and 96.

The amount of any modified penalty paid pursuant to an infringement notice shall, subject to subsection (6), be dealt with as if it were a fine imposed by a court as a penalty for an offence.