203Penalty notices

#### 203 Penalty notices 203 Penalty notices > > (1) An authorised officer may issue a penalty notice to a person (including a hotelier or club) 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 Part 8 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, for the purposes of Part 8 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. > > **pt 14, div 1 (ss 187–190):** Rep 2007 No 92, Sch 3 \[74\]. > > **s 203:** Am 2007 No 92, Sch 3 \[83\]; 2011 No 72, Sch 3 \[1\]. Subst 2017 No 63, Sch 3.4.