Proceedings by way of infringement notice
132 Proceedings by way of infringement notice
An authorised person who believes on reasonable grounds that a person has committed an offence under this Act, in respect of which offence a modified penalty is prescribed, may serve, by personal delivery to the person or by posting to him at his address ascertained from him at or about the time that offence is believed to have been committed, a notice (an infringement notice) in the prescribed form informing the person that if he does not wish to be prosecuted for the alleged offence in a court he may pay to a designated officer, not being a designated officer who is the authorised person serving that notice, within a period of 28 days after the date of service of that notice, the amount of the modified penalty.
If the alleged offence was allegedly committed in connection with a vessel, an authorised person may —
if the identity of the alleged offender is not known and cannot immediately be ascertained — address the infringement notice concerned to, and serve it on, the owner of the vessel concerned within a period of 30 days after the date on which the alleged offence is believed to have been committed; or
if the identity of the alleged offender is not known and cannot immediately be ascertained and the identity of the owner of the vessel is not known and cannot be ascertained after reasonable enquiry — address the infringement notice concerned to the owner of that vessel, without naming him or stating his address, and serve that infringement notice by attaching it to that vessel or by leaving it in or on the vessel within the period referred to in paragraph (a).
When, under subsection (2) an infringement notice is addressed to and served on the owner of a vessel within the period referred to in paragraph (a) of that subsection or addressed to the owner of a vessel and served by attaching it to the vessel or leaving it in or on the vessel within that period, then, unless within a period of 21 days after the date of service of the infringement notice —
the modified penalty concerned is paid; or
the owner of the vessel —
informs an authorised person of the identity and address of the person who was in charge of the vessel; or
satisfies an authorised person that the vessel had been stolen or unlawfully taken, or was being unlawfully used,
at the time when the alleged offence is believed to have been committed,
the owner of the vessel is, in the absence of proof to the contrary, deemed to be the person who was in charge of the vessel at the time when the alleged offence is believed to have been committed.
A person on whom an infringement notice is served —
may decline; or
if he fails to pay the modified penalty concerned within a period of 21 days after the date of that service, is deemed to have declined,
to be dealt with under the provisions of this section.
An authorised person may, whether or not the modified penalty concerned has been paid, withdraw an infringement notice at any time within a period of 28 days after it is served by sending to the alleged offender a notice in the prescribed form signed by the authorised person and advising the alleged offender that the infringement notice has been withdrawn.
An authorised person may not withdraw an infringement notice under subsection (5) if the authorised person served the infringement notice.
The amount of any modified penalty paid pursuant to an infringement notice which has been withdrawn under subsection (5) shall be refunded.
When a modified penalty has been paid pursuant to an infringement notice and the infringement notice has not been withdrawn under subsection (5), proceedings shall not be brought against any person in respect of the alleged offence specified in the infringement notice.
A person, other than the owner or person in charge of a vessel in respect of which an alleged offence is believed to have been committed, shall not remove an infringement notice relating to the alleged offence attached to or left in or on that vessel by an authorised person.
Penalty for this subsection: a fine of $2 000.
An infringement notice served under subsection (2) shall contain, inter alia, a short statement of the effect of subsection (3).
The Minister may by notice published in the Gazette designate a public service officer or class of public service officer, within the meaning of the Public Sector Management Act 1994, to receive payment of the amounts of modified penalties.
In this section, unless the context otherwise requires —
alleged offence means offence referred to in subsection (1);
alleged offender means person who is believed by the authorised person concerned to have committed an alleged offence;
authorised person includes an inspector;
designated officer means person designated under subsection (10).
In subsection (3) —
person who was in charge of the vessel includes the person who was the driver, master, possessor, skipper, owner or user of the vessel or the person causing, permitting or suffering the vessel to be navigated, as the case requires.
[Section 132 amended: No. 47 of 1993 s. 33(2); No. 32 of 1994 s. 19; No. 84 of 2004 s. 80; No. 2 of 2019 s 64; No. 24 of 2023 s. 93.]
This provision refers to the regulations (prescribed form
). Made under this Act:
- Prevention of Collisions in State Waters Regulations 1983
- W.A. Marine (Adjustment of Compasses) Regulations 1983
- W.A. Marine (Certificates of Competency and Safety Manning) Regulations 1983
11 more instruments made under this Act are listed on the Act’s overview.
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