Northern Territory Numbered Acts

POLICE LEGISLATION FURTHER AMENDMENT ACT 2023 (NO 18 OF 2023) - SECT 13

After regulation 22

insert

Part 5A     Infringement offence

22A     Infringement offence and prescribed amount payable

    (1)     An infringement offence is an offence against section 116KI of the Act.

    (2)     The prescribed amount for an infringement offence is the amount equal to the monetary value of 2 penalty units.

22B     When infringement notice may be given

If a member believes on reasonable grounds that a person has committed an infringement offence, the member may give an infringement notice to the person.

22C     Contents of infringement notice

    (1)     The infringement notice must specify the following:

    (a)     the name and address of the person to whom it is issued, if known;

    (b)     the date the infringement notice is given to the person;

    (c)     the date and time of the infringement offence and the place at which the infringement offence occurred;

    (d)     a description of the offence;

    (e)     the prescribed amount payable for the offence;

    (f)     the enforcement agency to which the prescribed amount is payable.

    (2)     The infringement notice must include a statement to the effect of the following:

    (a)     the person may expiate the infringement offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given;

    (b)     the person may elect to have the offence dealt with by a court by:

        (i)     completing a statement of election and giving it to the specified enforcement agency; and

        (ii)     not paying the prescribed amount;

    (c)     enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001 if the person does nothing in response to the notice.

    (3)     The infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b)(i).

22D     Electronic payment and payment by cheque

    (1)     If the person uses electronic means to pay the prescribed amount, payment is not effected until the amount is credited to the payee's bank account.

    (2)     If the person tenders a cheque in payment of the prescribed amount, payment is not effected unless the cheque is cleared on first presentation.

22E     Expiation of offence

If the prescribed amount for the infringement offence is paid in accordance with the infringement notice, the alleged offence is expiated and no further proceedings can be taken in relation to the offence.

22F     Withdrawal of infringement notice

    (1)     The Commissioner may withdraw the infringement notice by written notice given to the person.

    (2)     The notice must be given:

    (a)     within 28 days after the infringement notice is given to the person; and

    (b)     before payment of the prescribed amount.

22G     Application of Part

    (1)     This Part does not prejudice or affect the start or continuation of proceedings for an infringement offence for which an infringement notice has been given unless the offence is expiated.

    (2)     This Part does not:

    (a)     require an infringement notice to be given; or

    (b)     affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or

    (c)     prevent more than one infringement notice for the same offence being given to a person.

    (3)     If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.