90. Infringement notices

    (1) A reference in subsection (3), (5) or (7) to an }authorised person~ is a reference to a person appointed under subsection (11) to be an authorised person for the purposes of the subsection in which the term is used.

    (2) A member of the police force who has reason to believe that a person

    (a) has committed an offence against this Act of a type prescribed by regulation; or

    (b) is guilty of an offence referred to in paragraph (a) by reason of section 88 or 89,

    may, within 21 days after the alleged offence is believed to have been committed, give an infringement notice to the alleged offender.

    (3) An infringement notice is to be in an approved form and is to

    (a) contain a description of the alleged offence;

    (b) 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

    (c) inform the alleged offender as to who are authorised persons for the purposes of receiving payment of modified penalties.

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

    (5) 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.

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in an infringement notice has been paid within 28 days or such further time as is allowed and the notice has not been withdrawn, the bringing of proceedings and the imposition of penalties are prevented to the same extent as they would be if the alleged offender had been convicted by a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

    (7) 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notice by sending to the alleged offender a notice in an approved form stating that the infringement notice has been withdrawn.

    (8) Where an infringement notice is withdrawn after the modified penalty has been paid, the amount is to be refunded.

    (9) An amount paid as a modified penalty, subject to subsection (8), is to be dealt with as if it were a fine imposed by a court as a penalty for an offence.

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

    (11) The Commissioner may, in writing, appoint persons or classes of persons to be authorised persons for the purposes of subsection (3), (5) or (7) or for the purposes of 2 or more of those subsections, but a member of the police force who issues an infringement notice is not eligible to be an authorised person for the purposes of any of those subsections in relation to that notice.

    [Section 90 amended by No. 78 of 1995 s. 102; 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.