162 Infringement notices

(1)

If an inspector has reasonable cause to believe that a person has committed an infringement offence, an infringement notice may be issued to that person by the inspector.

(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 the person at the person’s last known place of residence or business.

(3)

An infringement notice sent to a person by post under subsection (2)(b) is to be treated as having been served on the person when it was so posted.

(4)

An 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 (being an amount not exceeding $1,000 prescribed by regulations made under this Act); and

(c)

the address or addresses at which the infringement fee may be paid; and

(d)

the time within which the infringement fee may be paid; and

(e)

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

(f)

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

(g)

a statement of the consequences if the person served with the notice does not pay the fee and does not request a hearing; and

(h)

such other particulars as are prescribed.

(5)

If 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 the necessary modifications.

Section 162(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 162(4)(b): replaced, on 10 May 2015, by section 59 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).