357 Issue of infringement notice

(1)

If a gambling inspector or constable has reasonable grounds to believe that a person is committing, or has committed, an infringement offence, the gambling inspector or constable may issue an infringement notice to the person for the offence.

(2)

An infringement notice may be served—

(a)

by delivering it, or a copy of it, personally to the person alleged to have committed the infringement offence; or

(b)

by sending it, or a copy of it, by post addressed to the person at his or her last known place of residence or business or postal address.

(3)

An infringement notice that is sent to a person by post under subsection (2)(b) is served on the person when it would have been delivered in the ordinary course of post.

(4)

An infringement notice must be in the prescribed form and must contain the following particulars:

(a)

the details of the alleged infringement offence that are necessary to sufficiently inform the person of the time, place, and nature of the alleged offence; and

(b)

the amount of the infringement fee specified for the offence; and

(c)

the address of the place at which the infringement fee may be paid; and

(d)

the time by 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 of the right of the person served with the notice to request a court hearing; and

(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 court hearing; and

(h)

any other particulars as may be prescribed.

(5)

Different forms of infringement notices may be prescribed for different kinds of infringement offences.

Section 357(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 357(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).