Freedom Camping Act 2011

27 Issue of infringement notices

• (1) An enforcement officer who believes on reasonable grounds that a person has committed or is committing an infringement offence may serve an infringement notice on the person.

  (2) An infringement notice may be served—

  • (a) by delivering it, or a copy of it, to the person who appears to have committed the infringement offence; or

  • (b) by sending it, or a copy of it, by post, addressed to the person at the person's last known place of residence or business; or

  • (c) if the person is a holder of a land transport document, by sending it, or a copy of it, by post to the person at his or her last address provided for the purposes of that document; or

  • (d) if a vehicle was used or is being used in the commission of the infringement offence, by attaching it, or a copy of it, to the vehicle.

  (3) For the purposes of the Summary Proceedings Act 1957,—

  • (a) an infringement notice sent to a person by post under subsection (2)(b) or (c) is to be treated as having been served on the person when it would have been delivered in the ordinary course of the post:

  • (b) an infringement notice attached to a vehicle under subsection (2)(d) is to be treated as having been served when it is attached to the vehicle.

  (4) In subsection (2)(c), land transport document means a licence, permit, approval, authorisation, exemption, certificate, or similar document issued under one of the following Acts:

  • (a) the Land Transport Act 1998:

  • (b) the Road User Charges Act 1977:

  • (c) the Transport (Vehicle and Driver Registration and Licensing) Act 1986:

  • (d) the Government Roading Powers Act 1989.

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

  • (a) sufficient detail to inform the defendant of the time, place, and nature of the alleged offence; and

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

  • (c) the place where the infringement fee may be paid; and

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

  • (e) a summary of how section 21(10) of the Summary Proceedings Act 1957 applies to the alleged offence; and

  • (f) a statement that the defendant has a right to request a hearing; and

  • (g) a statement of the consequences if the defendant neither pays the fee nor requests a hearing; and

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

  • (i) any other particulars that are prescribed.

  (6) If there is no prescribed form for the purposes of subsection (5), an infringement notice must be in the form set out in Schedule 2.