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Road Transport (General) Act 1999
24Infringement notices
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24 Infringement notices
(1) Subsection (2) applies if an authorised person reasonably believes
that a person has committed an infringement notice offence (other
than a heavy vehicle infringement notice offence).
(2) A notice for the offence may be served on the person.
Note An authorised officer under the Heavy Vehicle National Law (ACT) may
serve a person with a notice if the officer reasonably believes the person
has committed a heavy vehicle infringement notice offence (see Heavy
Vehicle National Law (ACT), s 591 (1)).
(3) If an authorised person reasonably believes that a person has
committed an offence and section 23 (6) applies to the offence—
(a) the administering authority need not consider whether the
person would, if convicted, be a first offender or a repeat
offender in relation to the offence; and
(b) for the purposes of the infringement notice, the person is
presumed to be a first offender.
(4) An infringement notice must be served in the way prescribed by
Note The Heavy Vehicle National Law (ACT), s 591 (2) provides that the
procedures to be followed in connection with a heavy vehicle
infringement notice are to be the procedures prescribed under the
Infringement Notice Offences Law for the territory (see also s 5, def
Infringement Notice Offences Law and Heavy Vehicle National Law
(ACT) Act 2013, s 13).
(5) An infringement notice must not be served—
(a) if a regulation prescribes a period within which an infringement
notice must be served—after the end of the prescribed period; or
(b) in any other case—later than 1 year after the day the
infringement notice offence to which the notice relates was
committed.
(6) For subsection (5) (b), if the infringement notice offence is an
ongoing offence, the day the infringement notice offence was
committed is the last day of the ongoing offence.
Note See s 31 for the time within which a prosecution for an infringement
notice must be begun.
(7) In this section:
infringement notice means—
(a) a notice mentioned in subsection (2); and
(b) a notice mentioned in the Heavy Vehicle National Law (ACT),
section 591 (1) (Infringement Notices).