What it does
These Regulations establish a civil expiation scheme for specified offences under the Private Security Act 1995 and related subordinate instruments by authorising inspectors to serve infringement notices, prescribing the amounts payable to expiate those offences, and setting the procedural mechanics for service, payment, withdrawal and effect of such notices. The Regulations are cited as the Private Security (Miscellaneous Matters) Regulations 2006 (r 1). They operate only in relation to the offences and amounts listed in Schedule 2, which is expressly referenced by the operative provisions (rr 3 and 4).
Mechanically, an authorised officer (defined in r 3(2) as a person appointed as an inspector under s 35 of the Act) who believes an offence listed in Schedule 2 has been committed may serve an infringement notice on the alleged offender (r 3(1)). The prescribed expiation amount for each listed offence is the amount specified opposite that offence in Schedule 2, expressed in penalty units (r 4 and Schedule 2). The content of the infringement notice is governed by r 5: it must state the alleged offence, the penalty amount and that payment within the time and at the place specified will expiate the offence, and it must advise that the person may elect to have the matter dealt with by a court by serving written notice as directed.
Payment has the legal effect of expiation: on payment in accordance with the notice the alleged offender is taken to have expiated the offence and no further proceedings are to be taken in respect of that offence (r 6(1)). A cheque tendered for payment will not count as payment until it is cleared (r 6(2)). The Director may withdraw an infringement notice by serving a withdrawal notice within 28 days after service of the infringement notice and before payment (r 7). Service of infringement notices and withdrawal notices may be effected personally, by post to the last known address, or by leaving the notice at the last known residence or business with a person apparently at least 16 years old (r 8). The Regulations further clarify that multiple infringement notices may be served for the same offence but payment of the prescribed amount under any one of those notices suffices to expiate (r 9(a)), that the scheme does not limit the penalties courts may impose (r 9(b)), and that service of an infringement notice is not a prerequisite to court prosecution (r 9(c)).