98Penalty notices

#### 98 Penalty notices 98 Penalty notices > > (1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence. > > > (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence. > > > (3) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section. > > > > Note— > > > > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence. > > > (4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court). > > > (5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences. > > > (6) In this section, authorised officer means— > > > > > (a) a police officer, and > > > > > (b) in relation to an offence against a provision of Part 2 or regulations for that Part—a person who— > > > > > > > (i) is employed by a council or subject to its control or direction, and > > > > > > > (ii) is an authorised person (within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030)) for the purposes of section 679 (Penalty notices for certain offences) of that Act, and > > > > > (c) in relation to an offence against a provision of Part 4 or regulations for that Part—an enforcement officer within the meaning of that Part, and > > > > > (d) a person (or a person belonging to a class) prescribed by the regulations for the purposes of this paragraph. > > **s 98:** Subst 2017 No 22, Sch 3.6.