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Road Transport (General) Act 1999
23Regulations about infringement notice offences
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23 Regulations about infringement notice offences
(1) A regulation may prescribe an offence, other than an offence for
which a penalty of imprisonment may be imposed, for the dictionary,
definition of infringement notice offence by—
(a) stating the offence; or
(b) referring to the provision creating the offence; or
(c) providing that all offences, or all offences except for stated
offences, against an Act or subordinate law are infringement
notice offences.
(2) Subsection (1) does not limit the ways that a regulation may prescribe
an offence for that definition.
(3) A regulation may, for the dictionary, definition of infringement
notice penalty, prescribe—
(a) an amount as the penalty payable by anyone for an offence if it
is dealt with under this part; or
(b) different amounts as the penalties payable for different offences
if they are dealt with under this part; or
(c) different amounts as the penalties payable for the same kind of
offence committed by different people or in different
circumstances if the offence is dealt with under this part.
(4) However, an infringement notice penalty prescribed for a person for
an offence must not exceed the maximum fine that could be imposed
by a court on the person for the offence.
(5) Subsection (3) does not limit the ways that a regulation may prescribe
an amount for that definition.
(6) If a regulation prescribes an offence that has a different penalty for a
first offender or a repeat offender in relation to the offence the
regulation may only prescribe the offence in relation to a first
offender.