13B. Infringement notice

    (1) Where an authorised person has reason to believe that a person has committed any such offence against this Act or any by-law made under this Act as is prescribed for the purposes of this section, the authorised person may, at or about the time the offence is believed to have been committed, personally give to that person a 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 person specified in the notice within the time therein specified, the amount of the penalty prescribed for the offence if dealt with under this section.

    (2) A person given an infringement notice under this section may decline to be dealt with under this section and, if the prescribed penalty is not paid within the time specified in the notice or within such further time as may, in any particular case, be allowed, he is deemed to have declined to be dealt with under this section.

    (3) An infringement notice may, whether or not the prescribed penalty has been paid, be withdrawn, at any time within 28 days after the giving of the notice, by the sending of a notice, in the prescribed form, signed by a prescribed person, to the alleged offender advising the alleged offender that the infringement notice has been withdrawn, and, in that event the amount of any prescribed penalty that has been paid shall be refunded.

    (4) Where a prescribed penalty has been paid pursuant to an infringement notice and the notice has not been withdrawn as provided by subsection (3) proceedings shall not be brought against any person with respect to the offence alleged in the notice.

    (5) The amount of any modified penalty paid pursuant to an infringement notice shall, subject to subsection (3), be dealt with as if it were a fine imposed by a court as a penalty for an offence.

    (6) Where the parking or standing of a vehicle is an element of an alleged offence, an infringement notice may be addressed to the owner of the vehicle without naming that person, and the notice may be left in or upon or attached to the vehicle.

    (7) Where under subsection (6), an infringement notice is addressed to the owner of a vehicle and left in or upon or attached to the vehicle then, unless

    (a) the prescribed penalty for the offence is paid within the time specified in the notice; or

    (b) the owner of the vehicle within the time specified in the notice for the payment of the penalty

    (i) informs an authorised person as to the identity of the person who was the driver or person in charge of the vehicle at the time of the alleged offence; or

    (ii) satisfies a prescribed person that at the time of the alleged offence the vehicle had been stolen or unlawfully taken or used,

    the owner is, in the absence of proof to the contrary, deemed to have committed the offence.

    [Section 13B inserted by No. 64 of 1984 s.4; amended by No. 6 of 1990 s.9; No. 78 of 1995 s.104; No. 84 of 2004 s. 80.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.