NSWIn ForceAct
Fines Act 1996
19AOfficial caution may be given instead of penalty notice
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#### 19A Official caution may be given instead of penalty notice
19A Official caution may be given instead of penalty notice
> > (1) An officer authorised to issue a penalty notice may give a person an official caution instead of issuing a penalty notice if the officer believes—
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> > > (a) on reasonable grounds that the person has committed a penalty notice offence, and
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> > > (b) that it is appropriate to give an official caution in the circumstances.
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> > (2) In making a decision under subsection (1), an appropriate officer (other than a police officer) must have regard to the applicable guidelines relating to the giving of official cautions in respect of penalty notice offences.
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> > (3) In this section—
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> > guidelines means guidelines—
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> > > (a) issued by the Attorney General that are published in the Gazette and made available on the internet site of Revenue NSW, or
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> > > (b) issued by the relevant issuing agency that are consistent with the guidelines issued by the Attorney General.
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> **s 19A:** Ins 2008 No 110, Sch 1 \[8\]. Am 2013 No 82, Sch 1 \[12\]; 2016 No 39, Sch 1 \[5\]; 2017 No 22, Sch 4.14 \[2\]; 2018 No 11, Sch 3.2 \[2\]; 2019 No 13, Sch 1\[12\].