Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts24. After Part VIII of the Principal Act the following Part is inserted:
“74AA. In this Part—
(a) in the case of a natural person—the fine for that offence ascertained by reference to Schedule 2; or
(b) in the case of a body corporate—5 times the amount of that fine;
(a) in relation to an infringement notice—the on-the-spot fine for the alleged Schedule 2 offence to which the notice relates; or
(b) in relation to a final infringement notice—the on-the-spot fine for the alleged Schedule 2 offence to which the notice relates, in addition to the determined fee;
(a) in relation to an infringement notice—28 days after the date of the notice;
(b) in relation to a final infringement notice—14 days after the date of the notice; or
(c) such extended period as the Conservator allows under paragraph 74AF (4) (b) or section 74AG;
“74AB. (1) A conservation officer may serve an infringement notice on a person if the officer believes on reasonable grounds that the person has committed a Schedule 2 offence.
“(2) An infringement notice shall be in a form approved by the Conservator, and shall—
(a) identify the conservation officer who issues the notice;
(b) state the full name, or surname and initials, and address of the person on whom it is served;
(c) specify the nature of the alleged offence and the amount of the on-the-spot fine;
(d) specify the day, time and place of the alleged commission of the offence;
(e) include a statement to the effect that if the person on whom the notice is served does not wish the offence to be prosecuted in court, the person may pay the on-the-spot fine to the Conservator within—
(i) 28 days after the date of the notice;
(ii) if the determined fee is paid in addition—14 days after the date of a final infringement notice; or
(iii) such extended period as is allowed under this Part;
(f) specify the place at which, and the manner in which, the fine may be paid;
(g) include a statement of the possible consequences if the offence were to be prosecuted in court, including the maximum penalty applicable;
(h) include a statement about the procedures for obtaining an extension of time under this Part;
(j) include a statement about the procedures for the withdrawal of the notice under this Part; and
(k) be dated and signed by the conservation officer who serves the notice.
“74AC. (1) A conservation officer may serve a final infringement notice on a person where, after the service on the person of an infringement notice—
(a) within 28 days after the date of the infringement notice, or within such extended period as the Conservator allows under section 74AG—
(i) the person fails to pay the on-the-spot fine; and
(ii) the person fails to apply for the withdrawal of the infringement notice under section 74AE; or
(b) if the person applies for the withdrawal of the infringement notice under section 74AE—
(i) the application is rejected; and
(ii) the person fails to pay the on-the-spot fine within the extended period allowed under paragraph 74AF (4) (b).
“(2) A final infringement notice shall be in a form approved by the Conservator, and shall—
(a) identify the conservation officer who serves the notice;
(b) state the full name, or surname and initials, and address of the person on whom it is served;
(c) specify the nature of the alleged offence and the amount of the on-the-spot fine;
(d) specify the day, time and place of the alleged commission of the offence;
(e) specify the date of the relevant infringement notice, and include a statement to the effect that the person has not paid the on-the-spot fine for the alleged offence to which the notice relates;
(f) include a statement to the effect that if the person on whom the notice is served does not wish the offence to be prosecuted in court, the person may pay the on-the-spot fine, in addition to the determined fee, to the Conservator within—
(i) 14 days after the date of the notice; or
(ii) such extended period as is allowed under this Part;
(g) specify the place at which, and the manner in which, the fine and the fee may be paid;
(h) include a statement of the possible consequences if the offence were to be prosecuted in court, including the maximum penalty applicable;
(j) include a statement about the procedures for obtaining an extension of time under this Part;
(k) include a statement about the procedures for the withdrawal of the notice under this Part; and
(m) be dated and signed by the conservation officer who serves the notice.
“74AD. (1) This section applies where an infringement notice or a final infringement notice has been served on a person in respect of a Schedule 2 offence and, before the expiration of the relevant period for payment—
(a) the relevant amount is paid in accordance with the notice; or
(b) the relevant notice is withdrawn.
“(2) Where this section applies—
(a) any liability of the person in respect of the offence is discharged;
(b) no further proceedings shall be taken in respect of the offence; and
(c) the person shall not be regarded as having been convicted of the offence.
“(3) For the purposes of this section, where a cheque is tendered in payment of the relevant amount, such payment shall not be taken to have been made unless and until the cheque is honoured on presentation.
“74AE. (1) A person on whom an infringement notice or a final infringement notice is served in relation to the alleged commission of a Schedule 2 offence may, by notice in writing to the Conservator within the relevant period, apply for the withdrawal of the notice.
“(2) A person shall not make more than 1 application under this section in relation to any particular alleged commission of a Schedule 2 offence.
“74AF. (1) On receipt of an application under section 74AE, the Conservator may withdraw the relevant infringement notice or final infringement notice if satisfied on reasonable grounds that any of the following grounds is made out:
(a) the applicant did not commit the offence;
(b) the applicant had a reasonable excuse for committing the act constituting the offence;
(c) it would be unreasonable in the circumstances to prosecute the applicant for the commission of the offence.
“(2) If the Conservator withdraws an infringement notice or final infringement notice, he or she shall give the person on whom the notice was served written notice of the decision.
“(3) A notice under subsection (2) shall—
(a) specify the infringement notice or final infringement notice that is withdrawn; and
(b) include a statement of the effect of subsections 74AD (1) and (2).
“(4) If the Conservator does not withdraw an infringement notice or final infringement notice under subsection (1), the Conservator shall—
(a) give the person written notice of the decision; and
(b) extend the period within which the relevant amount is to be paid, by a period of—
(i) in the case of a decision not to withdraw an infringement notice—28 days commencing on the date of the notice under paragraph (a); or
(ii) in the case of a decision not to withdraw a final infringement notice—14 days commencing on the date of the notice under paragraph (a).
“(5) If the Conservator does not give notice to a person under subsection (2) or (4) within 60 days after the receipt of an application for withdrawal of an infringement notice or a final infringement notice under section 74AE, the notice is to be taken to have been withdrawn.
“(6) Where an infringement notice or final infringement notice served on a person is withdrawn under this section, the Conservator shall refund any amount paid under section 74AB or 74AC in payment of the relevant on-the-spot fine.
“74AG. (1) A pensioner on whom an infringement notice or a final infringement notice is served may, within the relevant period, apply for an extension of the relevant period.
“(2) On application under subsection (1), the Conservator may, by written notice to the applicant, extend the relevant period by a period expiring no later than 90 days after the date of the notice.
“(3) The Conservator may grant an application under this section subject to the condition that the applicant pay the relevant amount by specified instalments within the extended period.
“(4) Where a condition is imposed under subsection (3) that a person pay a relevant amount by specified instalments, if he or she fails to pay an instalment of the relevant amount by the date specified in the notice under subsection (2), this Part applies to that person as if—
(a) the extended period for payment had expired; and
(b) he or she had failed to pay the relevant amount within that period.
“(5) A person shall not make more than 1 application under this section in relation to any particular alleged commission of a Schedule 2 offence.
“(6) In this section—
“74AH. (1) The Conservator shall not institute a prosecution for an offence in respect of which an infringement notice has been served on a person—
(a) until the expiration of the period of 14 days after the date of service of a final infringement notice in relation to that offence;
(b) if that period is extended under section 74AG—until the extended period has expired; or
(c) if the person applies for the withdrawal of the final infringement notice under section 74AE—unless and until the application is rejected and the extended period granted under paragraph 74AF (4) (b) has expired.
“(2) Nothing in section 74AB or 74AC shall be construed as—
(a) affecting the liability of a person to be prosecuted for a Schedule 2 offence in relation to which an infringement notice has not been served;
(b) subject to subsection (1), prejudicing or affecting the institution or prosecution of proceedings for a Schedule 2 offence; or
(c) limiting the amount of the fine that may be imposed by the Court in respect of a Schedule 2 offence.
“(3) Where a prosecution is instituted for an offence in respect of which an infringement notice has been served, the Conservator shall refund any amount paid under section 74AB or 74AC in payment of the on-the-spot fine.
“74AI. (1) For the purposes of section 429A of the Crimes Act 1900 , in sentencing an accused for any offence, a court shall not have regard to—
(a) the alleged commission of any infringement notice offence;
(b) the circumstances surrounding any infringement notice offence; or
(c) the investigation of any infringement notice offence, or any related action under this Part.
“(2) In subsection (1)—
(a) in relation to which an infringement notice has been served on the accused; and
(b) which has not been found proved by a court.
“74AJ. (1) For the purposes of this Part, a notice may be served on the person to whom it is directed—
(a) by delivering the notice personally;
(b) by sending the notice by post addressed to the person at the person's last-known place of residence or business; or
(c) by leaving the notice at the person's last-known place of residence or business with some other person who is apparently—
(i) over the age of 16 years; and
(ii) an occupant of the place, or employed at that place.
“(2) Nothing in this section prevents the service on a person of more than 1 infringement notice or final infringement notice in respect of the same alleged offence, but it is sufficient for the application of section 74AD to such a person for the person to pay the relevant amount in accordance with any of the notices so served.
“(3) Where an infringement notice is served on a child and the person serving the notice believes, on reasonable grounds, that the child is residing with a person who stands in loco parentis to that child, the person serving the notice shall serve a copy of the notice on that person.
“74AK. (1) For the purposes of this Part, a document that purports to have been signed by the Conservator shall be taken to have been so signed unless the contrary is proved.
“(2) In a prosecution for a Schedule 2 offence, a certificate signed by the Conservator stating any of the following matters is evidence of the matters so stated:
(a) that a notice was served under this Part on a specified person on a specified date;
(b) where an infringement notice or a final infringement notice has been served on a person under this Part, that—
(i) further time for payment was, or was not, allowed under paragraph 74AF (4) (b) or section 74AG;
(ii) the notice was not withdrawn; or
(iii) the relevant amount was not paid in accordance with the notice within the relevant period for payment.”.