37Infringement notices

37. Infringement notices

(1) Where an authorised person has reason to believe that a person has committed any offence against this Act or any regulation or local law made pursuant to this Act in respect of which a modified penalty is prescribed he may serve on that person an infringement notice in the prescribed form, informing the person that, if he does not wish to be prosecuted for the alleged offence in a court, he may pay to the office of the local government specified in the notice, within 21 days after the date of the service of the notice, the amount of the modified penalty.

(2) An infringement notice may, in any case, be served on the alleged offender personally or be addressed to and served on a responsible person for the vehicle within 30 days after the date on which the offence is alleged to have been committed.

(3) Where, under the provisions of subsection (2), an infringement notice is addressed to and served on a responsible person for a vehicle within the time specified in that subsection or addressed to the responsible person and served by attaching it to the vehicle or leaving it in or on the vehicle, then, unless within 21 days after the date of the service of the infringement notice —

(a) the modified penalty is paid; or

(b) the responsible person —

(i) informs the chief executive officer of the local government or such other person as may be specified in that notice as to the identity and address of the person who was the driver or person in charge of the vehicle at the time the offence is alleged to have been committed; or

(ii) satisfies the chief executive officer of the local government that the vehicle had been stolen or unlawfully taken, or was being unlawfully used, at the time the offence is alleged to have been committed,

the responsible person is, in the absence of proof to the contrary, deemed to have been the driver or person in charge of the vehicle at the time of the alleged offence.

(4) A person who receives an infringement notice may decline to be dealt with under the provisions of this section and, where he fails to pay the prescribed modified penalty within the period of 21 days after the date of service of the notice or within such further time as may, in any particular case, be allowed, he is deemed to have declined to be dealt with under those provisions.

(5) An infringement notice may, whether or not the modified penalty has been paid, be withdrawn at any time within 28 days after the service of the notice, by the sending of a notice, in the prescribed form, signed by a person authorised by the local government, to the alleged offender advising the alleged offender that the infringement notice has been withdrawn, and, in that event, the amount of any modified penalty that has been paid must be refunded.