National Animal Identification and Tracing (Infringement Offences) Regulations 2012

Schedule 2 Forms

r 5

Schedule 2: replaced, on 14 December 2019, by section 29(2) of the National Animal Identification and Tracing Amendment Act 2019 (2019 No 74).

Form 1 Infringement notice

Clause 24 of Schedule 2 of the National Animal Identification and Tracing Act 2012

(Front page)

Notice number:

Details of person served

Full name or company name:

*Date of birth:

Trading name (if different to company name):

Physical address:

Post code:

Business address (if different to physical address):

Electronic address:

*Omit if the notice is served on a company.
Alleged infringement offence

Date of offence:

Time:

Location:

Fee payable to Director-General: $[amount]

This is an infringement offence against [section or regulation number] of the [Act or regulation name].

Charge text: [narrative of events]

Issuing details

Date served:

Issuing inspector’s warrant number:

Method infringement notice served by:

Procedure for payment of infringement fee

The infringement fee is payable within 28 days after [earliest date notice served personally or posted].

The infringement fee is payable to the Director-General of the Ministry for Primary Industries by any of the following methods: [specify payment options]

Important: Please read the information about infringement offences printed on the back of this notice.

[Deposit slip is printed here.]

(Back page)

Information about infringement offences

Note: If there is anything in these notes that you do not understand, you should consult a lawyer immediately.

1 Payment of infringement fee

If you pay the infringement fee for the alleged infringement offence within 28 days after the service of this notice, no further action in respect of the infringement offence will be taken. Payment should be made to the Director-General of the Ministry for Primary Industries in accordance with the instructions on the front page of this notice.

2 Further action

If you wish to raise any matter relating to the circumstances of the alleged offence, you should do so by writing to [the prosecutor] at the address shown in the note at the end of this information within 28 days after the service of this notice.

3 Defences

You have a defence against any proceedings for the alleged infringement offence if you prove that the infringement fee has been paid to the Director-General of the Ministry for Primary Industries by one of the payment methods specified on the front of this notice within 28 days after the service of this notice. There may be additional defences available to you.

Note: Late payment, or payment by any other method, will not be a defence.

4 Right to request hearing
(1)

You have the right to request a hearing. A request for a hearing must be made in writing, be signed by you, and be delivered to [the prosecutor] at the address shown in the note at the end of this information within 28 days after the service of this notice. If you request a hearing, you may deny liability for the offence or admit liability and make submissions as to penalty or any other matter.

(2)

If you deny liability for the offence, [the prosecutor] will serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court (unless [the prosecutor] decides not to commence court proceedings).

Note: If the court finds you guilty of the offence, costs will be imposed in addition to any fine.

(3)

If you admit liability for the offence but want the court to consider your submissions, you should, in your request for a hearing,—

(a)

admit the offence; and

(b)

set out the written submissions you wish the court to consider. [The prosecutor] will then file your letter with the court (unless [the prosecutor] decides not to commence court proceedings) and indicate if you wish to appear.

Note: Any costs will be imposed in addition to any fine.

5 Consequences of taking no action

If you do not pay the infringement fee and do not request a hearing within 28 days after the service of this notice, you will be served with a reminder notice (unless [the prosecutor] decides otherwise).

If you do not pay the infringement fee and do not request a hearing in respect of the alleged infringement offence within 28 days after the service of the reminder notice, you will become liable to pay costs in addition to the infringement fee (unless [the prosecutor] decides not to commence court proceedings against you).

6 Questions and other correspondence

In any correspondence, please include—

(a)

the date of the infringement notice; and

(b)

the infringement notice number; and

(c)

the course of action you are taking in respect of the alleged offence; and

(d)

your full address for replies.

Note: All queries and all correspondence regarding this notice must be directed to [specify full address]. Further details of your rights and obligations are set out in clauses 22 to 24 of Schedule 2 of the National Animal Identification and Tracing Act 2012 and section 21 of the Summary Proceedings Act 1957.

Schedule 2 form 1: replaced, on 14 December 2019, by section 29(2) of the National Animal Identification and Tracing Amendment Act 2019 (2019 No 74).

Form 2 Reminder notice

Clause 24 of Schedule 2 of the National Animal Identification and Tracing Act 2012

(Front page)

Notice number:

Details of person served

Full name or company name:

*Date of birth:

Trading name (if different to company name):

Physical address:

Post code:

Business address (if different to physical address):

Electronic address:

*Driver licence:

Other identification (if no driver licence):

Telephone number:

*Omit if the notice is served on a company.
Alleged infringement offence details

Date of offence:

Time:

Location:

Fee payable to Director-General: $[amount]

This is an infringement offence against [section or regulation number] of the [Act or regulation name].

Charge text: [narrative of events]

Service details (to be provided for filing in court)

Date infringement notice served:

Issuing inspector’s warrant number:

Reminder notice served by [method of service] on [date of service].

The last day for payment is [date], being 28 days from the date of service of the infringement notice recorded on this notice.

Procedure for payment of infringement fee

Infringement fees may be paid to the Director-General of the Ministry for Primary Industries by any of the following methods: [specify payment options]

Important: Please read the information about infringement offences printed on the back of this notice.

[Deposit slip is printed here.]

(Back page)

Information about infringement offences

Note: If there is anything in these notes that you do not understand, you should consult a lawyer immediately.

1 Payment of infringement fee

If you pay the infringement fee for the alleged infringement offence within 28 days after the service of this notice, no further action in respect of the infringement offence will be taken. Payment should be made to the Director-General of the Ministry for Primary Industries in accordance with the instructions on the front page of this notice.

2 Further action

If you wish to raise any matter relating to the circumstances of the alleged offence, you should do so by writing to [the prosecutor] at the address shown in the note at the end of this information within 28 days after the service of this notice.

3 Defences

You have a defence against any proceedings for the alleged infringement offence if you prove that the infringement fee has been paid to the Director-General of the Ministry for Primary Industries by one of the payment methods specified on the front of this notice within 28 days after the service of this notice. There may be additional defences available to you.

Note: Late payment, or payment by any other method, will not be a defence.

4 Right to request hearing
(1)

You have the right to request a hearing. A request for a hearing must be made in writing, be signed by you, and be delivered to [the prosecutor] at the address shown in the note at the end of this information within 28 days after the service of this notice. If you request a hearing, you may deny liability for the offence or admit liability and make submissions as to penalty or any other matter.

(2)

If you deny liability for the offence, [the prosecutor] will serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court (unless [the prosecutor] decides not to commence court proceedings).

Note: If the court finds you guilty of the offence, costs will be imposed in addition to any fine.

(3)

If you admit liability for the offence but want the court to consider your submissions, you should, in your request for a hearing,—

(a)

admit the offence; and

(b)

set out the written submissions you wish the court to consider. [The prosecutor] will then file your letter with the court (unless [the prosecutor] decides not to commence court proceedings) and indicate if you wish to appear.

Note: Any costs will be imposed in addition to any fine.

5 Consequences of taking no action

If you do not pay the infringement fee and do not request a hearing in respect of the alleged infringement offence within 28 days after the service of this notice, you will become liable to pay costs in addition to the infringement fee (unless [the prosecutor] decides not to commence court proceedings against you).

6 Questions and other correspondence

In any correspondence, please include—

(a)

the date of the infringement notice; and

(b)

the infringement notice number; and

(c)

the course of action you are taking in respect of the alleged offence; and

(d)

your full address for replies.

Note: All queries and all correspondence regarding this notice must be directed to [specify full address]. Further details of your rights and obligations are set out in clauses 22 to 24 of Schedule 2 of the National Animal Identification and Tracing Act 2012 and section 21 of the Summary Proceedings Act 1957.

Schedule 2 form 2: replaced, on 14 December 2019, by section 29(2) of the National Animal Identification and Tracing Amendment Act 2019 (2019 No 74).

 Michael Webster,
for Clerk of the Executive Council.