{"id":"criminal-code-infringement-notices-regulations-2015","name":"Criminal Code (Infringement Notices) Regulations 2015","slug":"criminal-code-infringement-notices-regulations-2015","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174422,"registerId":"wa-criminal-code-infringement-notices-regulations-2015-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Criminal Code (Infringement Notices) Regulations 2015","content":"![Crest]()Western Australia\n\nCriminal Code Act Compilation Act 1913\n\nCriminal Code (Infringement Notices) Regulations 2015\n\nWestern Australia\n\nCriminal Code (Infringement Notices) Regulations 2015\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Prescribed offences under *The Criminal Code* and modified penalties 1\n\n5. When infringement notices cannot be issued (*The Criminal Code* s. 721(3)(b) and (c)) 2\n\n6. Authorised officers and approved officers 2\n\n7. Forms 3\n\nSchedule 1 — Prescribed offences and modified penalties\n\nSchedule 2 — Forms\n\nNotes\n\nCompilation table 8\n\nDefined terms\n\n  \n\nCriminal Code Act Compilation Act 1913\n\nCriminal Code (Infringement Notices) Regulations 2015\n\n##### 1. Citation\n\n\t\tThese regulations are the *Criminal Code (Infringement Notices) Regulations 2015*.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which the *Criminal Code Amendment (Infringement Notices) Act 2011*, other than sections 1 and 2, comes into operation.\n\n##### 3. Terms used\n\nIn these regulations —\n\nCertificate of Authority has the meaning given in the *Police Force Regulations 1979* regulation 901A;\n\nCommissioner of Police means the person holding or acting in the office of Commissioner of Police under the *Police Act 1892*;\n\nCP Act means the *Criminal Procedure Act 2004*;\n\nForm, followed by a number, means the form of that number in Schedule 2;\n\nsenior police officer has the meaning given in the *Criminal Investigation Act 2006* section 3(1).\n\n##### 4. Prescribed offences under *The Criminal Code* and modified penalties\n\n(1) The offences under *The Criminal Code* that are specified in Schedule 1 are offences for which an infringement notice may be issued under the CP Act Part 2.\n\n(2) The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of the CP Act section 5(3).\n\n##### 5. When infringement notices cannot be issued (*The Criminal Code* s. 721(3)(b) and (c))\n\nHowever, an infringement notice cannot be issued under the CP Act Part 2 for an offence specified in Schedule 1 in the following situations —\n\n(a) if, on the day on which the alleged offence is believed to have been committed, the alleged offender is under 17 years of age;\n\n(b) if —\n\n(i) the alleged offence is under *The Criminal Code* section 378; and\n\n(ii) the value of the thing alleged to have been stolen exceeds $500;\n\n(c) if —\n\n(i) the alleged offence is under *The Criminal Code* section 417(1); and\n\n(ii) the value of the thing alleged to have been in the possession of the alleged offender exceeds $500;\n\n(d) if —\n\n(i) the alleged offence is under *The Criminal Code* section 445; and\n\n(ii) the value of the property alleged to have been destroyed or damaged exceeds $500.\n\n[Regulation 5 amended: SL 2020/110 r. 4.]\n\n##### 6. Authorised officers and approved officers\n\n(1) Every police officer, other than a senior police officer, is an authorised officer for the purposes of the CP Act Part 2.\n\n(2) A police officer who is an authorised officer under subregulation (1) can show that he or she is authorised to issue infringement notices by showing his or her Certificate of Authority.\n\n(3) Every senior police officer is an approved officer for the purposes of the CP Act Part 2.\n\n(4) The Commissioner of Police may, in writing, appoint a person who is not a police officer to be an approved officer for the purposes of the CP Act Part 2.\n\n(5) An appointment under subregulation (4) may be made —\n\n(a) for the purposes of the CP Act section 9(1)(f)(iii), 14 or 15 or the purposes of 2 or more of those sections; and\n\n(b) in respect of a specified person or persons of a specified class.\n\n##### 7. Forms\n\nFor the purposes of the CP Act Part 2 —\n\n(a) Form 1 is the prescribed form for an infringement notice; and\n\n(b) Form 2 is the prescribed form for the withdrawal of an infringement notice.\n\nSchedule 1 — Prescribed offences and modified penalties\n\n[r. 4]\n\n[Heading inserted: SL 2020/110 r. 5.]\n\n| **Offences under *The Criminal Code*** | | | **Modified penalty** |\n| --- | --- | --- | --- |\n| 1. | s. 70A(2) | Trespassing | $500 |\n| 2. | s. 74A(2) | Behaving in a disorderly manner —<br>(a) in a public place or in sight or hearing of any person in a public place; or<br>(b) in a police station or lock‑up | $500 |\n| 3. | s. 172(2) | Obstructing a public officer or person lawfully assisting a public officer | $500 |\n| 4. | s. 378 | Stealing anything capable of being stolen | $500 |\n| 5. | s. 417(1) | Possessing any thing reasonably suspected to be stolen or unlawfully obtained | $500 |\n| 6. | s. 445 | Destroying or damaging property | $500 |\n\n\n[Schedule 1 inserted: SL 2020/110 r. 5.]\n\nSchedule 2 — Forms\n\n[r. 7]\n\n**Form 1 — Infringement notice**\n\n- *The Criminal Code***Infringement notice** Infringement\nnotice no.\n- **Alleged offender** Name: Surname\n- Given names\n- Address _________________________________________________ Postcode\n- **Alleged offence** Description of offence _________________________________________________\n- *The Criminal Code* s.\n- Date / /20 Time\n- Place\n- Modified penalty $\n- **Officer issuing notice** Name\n- Registered number\n- Police station\n- **Date of issue** / /20\n- **Notice to alleged offender** It is alleged that you have committed the above offence.**If you do not want to be prosecuted in court for the alleged offence**, pay the modified penalty above to an approved officer within 28 days after the date of issue of this notice. See below for how and where to pay the modified penalty.**Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case.****If you do not pay the modified penalty within 28 days**, you may be prosecuted in court for the alleged offence or enforcement action may be taken under the *Fines, Penalties and Infringement Notices Enforcement Act 1994* to recover the modified penalty. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.**If you want this matter to be dealt with by prosecution in court**, sign and date here: __________________________________ / /20\nand post this notice to the address below within 28 days after the date of issue of this notice.If you are prosecuted in a court for the alleged offence, and convicted, you will be liable to a penalty and costs.\n- **How to pay the modified penalty** In person *[Details for paying in person]*\n- By post Post this notice, with a cheque or money order made payable to [*payee*], to:*[Address]*Do not send cash in the mail.\n- Online *[Details for online payments]*\n- By telephone *[Details for telephone payments]*\n\n\n[Form 1 amended: SL 2020/162 r. 6.]\n\n**Form 2 — Withdrawal of infringement notice**\n\n- *The Criminal Code***Withdrawal of infringement notice**\n- **Alleged offender** Name: Surname\n- Given names\n- Address _________________________________________________ Postcode\n- **Infringement notice** Infringement notice no.\n- Date of issue / /20\n- **Alleged offence** Description of offence _________________________________________________\n- *The Criminal Code* s.\n- Date / /20 Time\n- Place\n- **Officer withdrawing notice** Name\n- Registered number\n- Police station\n- **Date of withdrawal** / /20\n- **Withdrawal of infringement notice** The above infringement notice, which was issued for the above alleged offence, has been withdrawn.If you have already paid the modified penalty for the alleged offence in accordance with the infringement notice, the amount will be refunded to you.\n\n\n![]()\n\nNotes\n\nThis is a compilation of the *Criminal Code (Infringement Notices) Regulations 2015* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Criminal Code (Infringement Notices) Regulations 2015* | 3 Mar 2015 p. 801‑11 | 4 Mar 2015 (see r. 2 and *Gazette* 3 Mar 2015 p. 783) |\n| *Criminal Code (Infringement Notices) Amendment Regulations 2020* | SL 2020/110 3 Jul 2020 | r. 1 and 2: 3 Jul 2020 (see r. 2(a));   Regulations other than r. 1 and 2: 4 Jul 2020 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Infringement Notices) Regulations 2020* Pt. 3 | SL 2020/162 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nCertificate of Authority 3\n\nCommissioner of Police 3\n\nCP Act 3\n\nForm 3\n\nsenior police officer 3\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not retrievable. No comparison between original intent and final form is possible based on available information."},"complexity_factors":["The actual legislative text is unavailable — no content could be analysed","Only the title and a system error message were retrievable","No provisions, schedules, definitions, or operative clauses are present to assess","Complexity score reflects inability to analyse, not simplicity of the underlying law"],"plain_english_summary":"This regulation (WA) implements infringement notices—“on‑the‑spot” penalty notices—under the Criminal Code. It likely identifies which Code offences may be dealt with by notice and sets applicable penalty amounts. It affects people in WA who receive such notices and the officers authorised to issue them. Check the WA legislation website for the text."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Later regulations (SL 2020/110) amended these regulations by inserting the current Schedule 1 of prescribed offences and modified penalties and by amending Regulation 5 to add value thresholds ($500) limiting when an infringement notice may be issued for theft, possession of suspected stolen property and property damage. Subsequent amendment (SL 2020/162) updated the prescribed forms (Schedule 2). See Regulation 4, Regulation 5, Schedule 1 and Schedule 2 and the compilation table."},"complexity_factors":["Cross‑references to other statutes: relies on the Criminal Procedure Act (CP Act) for issue mechanics and on the Criminal Code for offence definitions.","Prescribed list of offences and standardized modified penalties (Schedule 1) requiring alignment with offence elements and value thresholds.","Specific exceptions where infringement notices cannot be issued (age under 17; theft/possession/damage above $500) creating fact‑finding at point of issue (Regulation 5).","Delegated authorisation structure: distinction between ‘authorised officers’ (ordinary police) and ‘approved officers’ (senior police and non‑police appointees), with Commissioner discretion to appoint non‑police (Regulation 6(4)–(5)).","Operational forms and procedures prescribed (Form 1 and Form 2, Schedule 2) embed notice content and payment/enforcement warnings that reference other enforcement law.","Enforcement consequences referenced on the notice rely on the Fines, Penalties and Infringement Notices Enforcement Act 1994, creating multi‑act operational interaction.","Amendments recorded in the compilation table (SL 2020/110 and SL 2020/162) indicate recent scope and form changes that require keeping administrative practice up to date.","Practical compliance burdens for officers at the point of issuance (verifying age, value thresholds, proper authorisation and paperwork) and for recipients deciding payment versus court."],"plain_english_summary":"These regulations set out which Criminal Code offences can be dealt with by infringement notices under the Criminal Procedure Act, fix the modified penalty amounts (generally $500), identify who may issue or approve those notices, and prescribe the notice and withdrawal forms. They affect alleged offenders for the listed offences and the police or appointed officers who administer notices. Paying the modified penalty avoids court prosecution; failing to pay exposes the person to statutory enforcement steps listed on the notice (for example, licence suspension, garnisheeing, seizure)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of establishing an infringement notice scheme for minor Criminal Code offences. The 2020 amendments added Schedule 1 (the table of offences) and refined the monetary thresholds, but did not expand the scheme beyond the six original offence categories or introduce new substantive areas of regulation."},"complexity_factors":["Short document (approximately 8 pages including schedules)","Only 5 defined terms in the interpretation section","Simple conditional logic limited to age thresholds ($17 years) and monetary thresholds ($500)","Straightforward cross-referencing to parent Act (Criminal Procedure Act 2004) and Criminal Code sections","Two simple schedules: one table of offences/penalties, two standard forms","No nested exceptions or complex procedural requirements","Amendment history is minimal (two amendment instruments since 2015)"],"plain_english_summary":"This Western Australian law sets up a system where police can issue on-the-spot fines (called 'infringement notices') for certain minor criminal offences instead of taking people to court.\n\n**What it does:**\n- Allows police to issue fines for six specific minor offences under the Criminal Code, including trespassing, disorderly behaviour, obstructing public officers, stealing (where the value is $500 or less), possessing suspected stolen goods (under $500), and damaging property (under $500).\n- Sets the fine amount at $500 for each offence.\n- Provides official forms that police must use when issuing or withdrawing these fines.\n\n**Who it affects:**\n- **Alleged offenders:** People accused of these minor crimes who are 17 or older. If you're under 17, you can't be given an infringement notice—you must go to court instead.\n- **Police officers:** Regular police can issue the notices; senior police can approve withdrawals and handle payments.\n- **The Commissioner of Police:** Can appoint non-police officers to handle payments and withdrawals.\n\n**Key protections:**\n- You can't get an infringement notice for theft, possessing stolen goods, or property damage if the value involved is more than $500—these must go to court.\n- Paying the fine doesn't count as admitting guilt in any other legal case.\n- You can choose to have the matter heard in court instead of paying the fine.\n- If you pay within 28 days, the matter is settled. If you don't pay, you can be prosecuted in court or face enforcement actions like licence suspension or wage garnishment.\n\n**Why it matters:**\nThis creates a faster, cheaper way to deal with minor crimes without clogging up the courts. It gives people a way to resolve matters quickly by paying a set penalty, while still preserving their right to contest the matter in court if they prefer."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-code-infringement-notices-regulations-2015","history":"/api/acts/criminal-code-infringement-notices-regulations-2015/history","analysis":"/api/acts/criminal-code-infringement-notices-regulations-2015/analysis","conflicts":"/api/acts/criminal-code-infringement-notices-regulations-2015/conflicts","importantCases":"/api/acts/criminal-code-infringement-notices-regulations-2015/important-cases","documents":"/api/acts/criminal-code-infringement-notices-regulations-2015/documents"}}