Subdiv 2Infringement notices and modified penalties

Subdivision 2—Infringement notices and modified penalties Prescribed offences 9.4 (1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section 9.16(1) of the Act. (2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in Schedule 1. (3) For the purpose of guidance only, before giving an infringement notice to a person in respect of the commission of a prescribed offence, an authorised person should be satisfied that— (a) commission of the prescribed offence is a relatively minor matter; and (b) only straightforward issues of law and fact are involved in determining whether the prescribed offence was committed, and the facts in issue are readily ascertainable.

12 December 2018 GOVERNMENT GAZETTE, WA 4757 Form of notices 9.5 (1) For the purposes of this local law— (a) where a vehicle is involved in the commission of an offence, the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations; (b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in Schedule 1 of the Regulations; and (c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of the Regulations. (2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence against clause 2.4, the notice is to contain a description of the alleged offence. Division 3—Evidence in legal proceedings Evidence of a determination 9.6 (1) In any legal proceedings, evidence of a determination may be given by tendering the register referred to in clause 2.5 or a certified copy of an extract from the register. (2) It is to be presumed, unless the contrary is proved, that the determination was properly made and that every requirement for it to be made and have effect has been satisfied. (3) Subclause (2) does not make valid a determination that has not been properly made. ———— SCHEDULE 1—PRESCRIBED OFFENCES Clause Description Modified $ 2.4 Failure to comply with determination 125 3.6 Failure to comply with conditions of permit 125 3.13(1) Failure to obtain a permit 125 3.14(3) Failure to obtain permit to camp outside a facility 125 3.15(1) Failure to obtain permit for liquor 125 3.16 Failure of permit holder to comply with responsibilities 125 4.2(1) Behaviour detrimental to property 125 4.4 Under influence of liquor or prohibited drug 125 4.6(2) Failure to comply with sign on local government property 125 5.2 Consuming food or drink in prohibited area 125 5.6 Unauthorised entry to fenced or closed local government property 125 5.7 Gender not specified using entry of toilet block or change room 125 5.8 Failure to comply with direction of controller or notice on golf course 125 6.1(1) Unauthorised entry to function on local government property 125 11.1 Failure to comply with notice 250 ———— SCHEDULE 2—DETERMINATIONS The following determinations are to be taken to have been made by the local government under clause 2.1. Definitions 1.1 In these determinations unless the context otherwise requires— “local law” means the Local Government Property Local Law made by the local government; 1.2 Unless the context otherwise requires, where a term is used but not defined in a determination and that term is defined in the local law then the term shall have the meaning given to it in the local law. ———— SCHEDULE 3—GOLF COURSE RESERVE