Heavy Vehicle (Adoption of National Law) Act 2013
12Infringement notices
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12 Infringement notices
12 Infringement notices
(1) The following are declared to be the Infringement Notice Offences Law for the purposes of the Heavy Vehicle National Law (NSW)—
(a) the other provisions of this section and any local regulations made for the purposes of this section, and
(b) the Fines Act 1996.
(2) An infringement notice issued under section 591 of the Heavy Vehicle National Law (NSW)—
(a) may be called and issued as a penalty notice rather than as an infringement notice, and
(b) is declared to be a penalty notice for the purposes of the Fines Act 1996.
(3) (Repealed)
(4) If the amount of penalty prescribed for an alleged offence is paid in respect of an infringement notice, no person is liable to any further proceedings for the alleged offence.
(5) Payment of an amount in respect of an infringement notice is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.
(6) The local regulations may—
(a) prescribe an offence for the purposes of section 591 of the Heavy Vehicle National Law (NSW) by specifying the offence or by referring to the provision creating the offence, and
(b) prescribe the amount of penalty payable for the offence if dealt with under that section, and
(c) prescribe different amounts of penalties for different offences or classes of offences, and
(d) prescribe different amounts of penalties for the same kind of offence or class of offence committed in specified circumstances.
(7) The amount of a penalty prescribed by the local regulations under this section for an offence is not to exceed 10 percent of the maximum amount of penalty that could be imposed for the offence by a court.