Sale of Liquor Amendment Act 1999

Part 5
Amendment to Summary Offences Act 1981

126 Summary Offences Act 1981 amended
  • The Summary Offences Act 1981 is amended by inserting, after section 38, the following heading and sections:

    Infringement offences

    38A Infringement offences
    • In section 38B to 38E,—

      Infringement fee, in relation to an infringement offence, means $200

      Infringement offence means an offence under section 38(3).

    38B Commission of infringement offence
    • (1) Where any person is alleged to have committed an infringement offence, that person may either—

      • (a) Be proceeded against for the alleged offence under the Summary Proceedings Act 1957; or

      • (b) Be served with an infringement notice under section 38C.

      (2) No person arrested under section 39 may be served with an infringement notice under section 38C.

    38C Infringement notices
    • (1) Where a member of the Police 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 served on that person.

      (2) Any member of the Police (not necessarily the member who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person's last known place of residence; and, in that case, for the purposes of the Summary Proceedings Act 1957, it (or the copy) is to be treated as having been served on that person when it was posted.

      (3) Every infringement notice must be in the prescribed form and must 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; and

      • (b) The amount of the infringement fee; and

      • (c) The address of the place at which the infringement fee may be paid; and

      • (d) The time within which the infringement fee must be paid; and

      • (e) A summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and

      • (f) A statement that the person served with the notice has a right to request a hearing; and

      • (g) A statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and

      • (h) Such other particulars as are prescribed.

      (4) 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 apply with all necessary modifications.

    38D Payment of infringement fees
    • All infringement fees paid in respect of infringement offences must be paid into the Crown Bank Account.

    38E Regulations
    • The Governor-General may from time to time, by Order in Council, make regulations prescribing the form of infringement notices, and any other particulars to be contained in infringement notices.