SCHEDULE 10 - MODEL INFRINGEMENT NOTICE PROVISIONS

Clause 3

PART 1 - MODEL PROVISIONS 1A, 1B AND 1C

Division 1 - Model provision 1A

1.    Infringement notices

(1) In this clause –

specified offence means an offence against the clause specified in Column 1 of Schedule 1 .

(2) An infringement notice may be issued in respect of a specified offence and the monetary penalty set out adjacent to the offence in Column 3 of Schedule 1 is the penalty payable under the infringement notice for that offence.

(3) An authorised officer may –

(a) issue an infringement notice to a person who the authorised officer has reason to believe is guilty of a specified offence; and

(b) issue one infringement notice in respect of more than one specified offence.

(4) The Monetary Penalties Enforcement Act 2005 applies to an infringement notice issued under this by-law.

(5) In addition to any other method of service, an infringement notice alleging that a vehicle has been used in relation to a specified offence may be served by affixing it to that vehicle.

Division 2 - Model provision 1B

2.    Infringement notices

(1) In this clause –

specified offence means an offence against the clause specified in Column 1 of Schedule 2 .

(2) An infringement notice may be issued in respect of a specified offence and the monetary penalty set out adjacent to the offence in Column 3 of Schedule 2 is the penalty payable under the infringement notice for that offence.

(3) An authorised officer may –

(a) issue an infringement notice to a person who the authorised officer has reason to believe is guilty of a specified offence; and

(b) issue one infringement notice in respect of more than one specified offence.

(4) The Monetary Penalties Enforcement Act 2005 applies to an infringement notice issued under this by-law.

(5) In addition to any other method of service, an infringement notice alleging that a vehicle has been used in relation to a specified offence may be served by affixing it to that vehicle.

Division 3 - Model provision 1C

3.    Infringement notices

(1) In this clause –

specified offence means an offence against the clause specified in Column 1 of Schedule 3 .

(2) An infringement notice may be issued in respect of a specified offence and the monetary penalty set out adjacent to the offence in Column 3 of Schedule 3 is the penalty payable under the infringement notice for that offence.

(3) An authorised officer may –

(a) issue an infringement notice to a person who the authorised officer has reason to believe is guilty of a specified offence; and

(b) issue one infringement notice in respect of more than one specified offence.

(4) The Monetary Penalties Enforcement Act 2005 applies to an infringement notice issued under this by-law.

(5) In addition to any other method of service, an infringement notice alleging that a vehicle has been used in relation to a specified offence may be served by affixing it to that vehicle.

PART 2 - MODEL PROVISION 2A

1.    Infringement notices

(1) In this clause –

specified offence means an offence against the clause specified in Column 1 of Schedule 1 .

(2) An infringement notice may be issued in respect of a specified offence and the monetary penalty set out adjacent to the offence in Column 3, 4 or 5 (as applicable) of Schedule 1 is the penalty payable under the infringement notice for that offence.

(3) An authorised officer may –

(a) issue an infringement notice to a person who the authorised officer has reason to believe is guilty of a specified offence; and

(b) issue one infringement notice in respect of more than one specified offence.

(4) The Monetary Penalties Enforcement Act 2005 applies to an infringement notice issued under this by-law.

(5) In addition to any other method of service, an infringement notice alleging that a vehicle has been used in relation to a specified offence may be served by affixing it to that vehicle.

PART 3 - MODEL PROVISION 3A

1.    Infringement notices

(1) In this clause –

specified offence means an offence against the clause specified in Column 1 of Schedule 1 .

(2) An infringement notice may be issued in respect of a specified offence and the monetary penalty set out adjacent to the offence in Column 3 or 4 (as applicable) of Schedule 1 is the penalty payable under the infringement notice for that offence.

(3) An authorised officer may –

(a) issue an infringement notice to a person who the authorised officer has reason to believe is guilty of a specified offence; and

(b) issue one infringement notice in respect of more than one specified offence.

(4) The Monetary Penalties Enforcement Act 2005 applies to an infringement notice issued under this by-law.

(5) In addition to any other method of service, an infringement notice alleging that a vehicle has been used in relation to a specified offence may be served by affixing it to that vehicle.

PART 4 - MODEL PROVISION 4

1.    Monies payable to council recoverable as a debt

All monies payable to the council or general manager in respect of an infringement notice are a debt due to the council and recoverable at law.

Displayed and numbered in accordance with the Rules Publication Act 1953 .

Notified in the Gazette on 6 May 2009

This order is administered in the Department of Premier and Cabinet.