58 Infringement notices

(1)

Where the Director or any person duly authorised by the Director observes a person committing an infringement offence or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be issued to that person by the Director or the authorised person.

(2)

An infringement notice may be served—

(a)

by delivering it personally to the person who appears to have committed the infringement offence; or

(b)

by sending it by post addressed to him or her at his or her last known place of residence or business; or

(c)

where the person is a holder of an aviation document, by serving it by post on that person at his or her last address for service provided under section 8.

(3)

An infringement notice sent to a person by post under paragraph (b) or paragraph (c) of subsection (2) shall be deemed to have been served on the person when it would have been delivered in the ordinary course of post.

(4)

Every infringement notice shall be in the prescribed form and shall contain the following particulars:

(a)

such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence:

(b)

the amount of the infringement fee for that offence:

(c)

the address at which the infringement fee may be paid:

(d)

the time within which the infringement fee shall be paid:

(e)

a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957:

(f)

a statement of the right of the person served with the notice to request a hearing:

(g)

a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing:

(h)

such other particulars as are prescribed in regulations made under this Act.

(5)

Different forms of infringement notices may be prescribed in regulations made under this Act in respect of different kinds of infringement offences.

(6)

Where an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957, and in that case the provisions of that section shall, with the necessary modifications, apply.

Section 58(1): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 58(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).