8A. Infringement notices

    (1) An inspector who has reason to believe that a person has committed an offence against section 3E, 3G, 3H or 4(4f) may, within 5 days after the alleged offence is believed to have been committed, give to the alleged offender an infringement notice in the prescribed form

    (a) containing a description of the alleged offence;

    (b) advising that if it is not wished to have a prosecution for the alleged offence heard and determined by a court, the amount of money specified in the notice as being the modified penalty for the offence may be paid to a designated officer within a period of 28 days after the giving of the notice; and

    (c) identifying the persons who are designated officers.

    (2) An inspector who has reason to believe that a person has committed an offence against section 6 may, with the approval of the Director General and within 5 days after the alleged offence is believed to have been committed, give to the alleged offender an infringement notice in accordance with subsection (1).

    (3) In an infringement notice, the amount specified as being the modified penalty for the offence referred to in the notice shall be the amount that was the prescribed modified penalty at the time the alleged offence is believed to have been committed.

    (4) A designated officer may, in a particular case, extend the period of 28 days within which the modified penalty may be paid pursuant to the infringement notice, and the extension may be allowed whether or not the period of 28 days has elapsed.

    (5) Where the modified penalty payable pursuant to an infringement notice has been paid within 28 days or such further time as is allowed, 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.

    (6) Where the modified penalty has not been paid within 28 days or such further time as is allowed, a designated officer may withdraw an infringement notice by sending to the alleged offender a notice in the prescribed form stating that the infringement notice has been withdrawn.

    (7) Payment of a modified penalty pursuant to an infringement notice shall not be regarded as an admission for the purposes of any proceedings, whether civil or criminal.

    (8) The Director General may, by notice published in the Gazette, appoint persons or classes of persons to be designated officers for the purposes of this section, and may in like manner revoke any such appointment.

    (9) The Director General shall issue to each inspector a certificate in the prescribed form which the inspector shall produce whenever required to do so by a person to whom he has given or is about to give an infringement notice.

    [Section 8A inserted by No. 4 of 1991 s.9; amended by 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.