7Infringement offences to which this Act applies

7 Infringement offences to which this Act applies

S. 7(1) amended by Nos 32/2006 s. 6(1), 47/2014 s. 207(1).

(1) This Act applies to infringement offences, including a local law which is a parking infringement within the meaning of the Road Safety Act 1986.

S. 7(2) repealed by No. 47/2014 s. 207(2).

S. 7(3) substituted by No. 32/2006 s. 6(2), amended by No. 48/2006 s. 42(Sch. item 18.2), substituted by No. 47/2014 s. 207(3).

(3) Subject to anything to the contrary in the Children, Youth and Families Act 2005 or this Act, this Act applies to infringement notices issued to or served on a child for an infringement offence.

S. 7(4) substituted by No. 32/2006 s. 6(3), repealed by No. 29/2016 s. 60.

S. 7(5) repealed by No. 32/2006 s. 6(4).

Part 2—Infringement notices—pre‑enforcement stage

Division 1—Official warnings

8 Issuing officer may serve an official warning

(1) An issuing officer may serve a person with an official warning rather than serve an infringement notice if—

(a) the issuing officer believes on reasonable grounds that a person has committed an infringement offence; and

(b) the issuing officer is of the opinion that in all the circumstances it is appropriate to serve an official warning.

(2) An official warning must be in writing and contain the prescribed details.

S. 8(3) amended by No. 37/2014 s. 10(Sch. item 87.2).

(3) In making a decision under subsection (1), an issuing officer, other than a police officer, must—

(a) observe any policy of the relevant enforcement agency in relation to the application of official warnings in respect of any infringement offence; and

(b) have regard to enforcement agency guidelines made by the relevant enforcement agency in relation to the application of official warnings in respect of any infringement offence.

(4) Nothing in this section limits an issuing officer's power to exercise his or her discretion as to whether to serve an infringement notice.

S. 9 amended by No. 59/2017 s. 111.