168APenalty notices

#### 168A Penalty notices 168A 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) However— > > > > > (a) section 22A (1) of the [Fines Act 1996](/view/html/inforce/current/act-1996-099) does not apply in relation to disciplinary action under section 23 or 59 of this Act, and > > > > > (b) despite section 22A (2) of the [Fines Act 1996](/view/html/inforce/current/act-1996-099), when an amount is paid under this section in respect of a penalty notice issued to a person, the person is— > > > > > > > (i) for the purposes of section 23 of this Act—taken to have contravened the provision of this Act to which the penalty notice relates, or > > > > > > > (ii) for the purposes of section 59 of this Act—taken to have been convicted of the offence to which the penalty notice relates. > > > (5) 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). > > > (6) 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. > > > (7) In this section, authorised officer means a police officer or an inspector. > > **s 168A:** Ins 2000 No 57, Sch 1 \[23\]. Am 2001 No 27, Sch 1 \[41\]; 2010 No 16, Sch 1 \[33\]. Subst 2017 No 63, Sch 3.1.