39Infringement notices

39 Infringement notices

(1)  In this section –

infringement offence means an offence against this Act or the regulations that is prescribed by the regulations to be an infringement offence.

(2)  An authorised person may issue and serve an infringement notice on a person if he or she reasonably believes that the person has committed an infringement offence.

(3)  An infringement notice may not be served on an individual who has not attained the age of 16 years.

(4)  An infringement notice –

(a) is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005 ; and

(b) is not to relate to more than 3 offences.

(5)  The regulations –

(a) may prescribe the penalty applicable to each infringement offence that is payable under an infringement notice; and

(b) may prescribe different penalties for bodies corporate and individuals.

(6)  In the application of the Monetary Penalties Enforcement Act 2005 to an infringement notice issued and served under this section –

(a) the authorised person who issued and served the infringement notice is taken to be a public sector body within the meaning of that Act; and

(b) a penalty prescribed under subsection (5) in respect of an infringement offence is taken to be the prescribed penalty applicable to that offence for the purposes of section 14(a)(ii) of that Act.

(7)  Any payment in respect of an infringement notice is payable –

(a) to a council, if the notice was served by a council officer; or

(b) in any other case, into the Public Account.