Radiocommunications Amendment Act 2000

44 New sections 128A and 128B inserted
  • The principal Act is amended by inserting, after section 128, the following sections:

    128A Commission of infringement offence
    • Where any person is alleged to have committed an infringement offence, that person may either—

      • (a) be proceeded against for an alleged offence against section 128 of this Act under the Summary Proceedings Act 1957; or

      • (b) be served with an infringement notice as provided for in section 128B.

    128B Infringement notices
    • (1) Where the Secretary or any person duly authorised by the Secretary 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 Secretary or the authorised person.

      (2) An infringement notice may be served—

      • (a) by attaching an infringement notice, or a copy of an infringement notice, to the equipment to which the notice relates; or

      • (b) by delivering it personally to the person who appears to have committed the infringement offence; or

      • (c) by sending it by post addressed to that person at that person's last known place of residence or business.

      (3) For the purposes of the Summary Proceedings Act 1957, an infringement notice sent to a person by post under subsection (2)(c) is deemed to have been served on the person when it would have been delivered in the ordinary course of post.

      (4) 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:

      • (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 must be paid:

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

      • (f) a statement that the person served with the notice has the right 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) 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.