60Offences of more serious nature not to be dealt with under this Act

60 Offences of more serious nature not to be dealt with under this Act If the Magistrates' Court is of the opinion that an offence against this Act alleged before it does not properly come within the meaning and intention of this Act but that an offence of a more serious or heinous kind has been committed the court may refuse to entertain or to further entertain the charge and may proceed as if the more serious or more heinous offence had been charged in the charge-sheet before the court whether the person charged has or has not pleaded thereto. Pt 3 Div. 6 (Heading) inserted by No. 52/2025 s. 11(4). Division 6—Infringements S. 60AA inserted by No. 33/2003 s. 4. 60AA Power to serve infringement notice S. 60AA(1) amended by Nos 92/2009 s. 7(1), 37/2014 s. 10(Sch. item 160.18), 7/2022 s. 29(1), 6/2021 s. 9(1), 8/2025 s. 15(1). (1) A police officer may serve an infringement notice on any person that he or she has reason to believe has committed an offence against section 6, 17A, or 49F. Note to s. 60AA(1) substituted by No. 92/2009 s. 7(2), amended by Nos 7/2022 s. 29(2), 6/2021 s. 9(2), 8/2025 s. 15(2). Section 6 deals with persons who are in a public place and are directed to move on. Section 17A deals with disorderly behaviour by a person in a public place. Section 49F deals with a person who is on bail contravening a conduct condition to which the grant of bail is subject. S. 60AA(1A) inserted by No. 9/2008 s. 9(1), amended by No. 37/2014 s. 10(Sch. item 160.18). (1A) A police officer may serve an infringement notice on any person that he or she has reason to believe has committed an offence against the following sections— S. 60AA (1A)(a) amended by No. 21/2008 s. 28, repealed by No. 27/2011 s. 6(1). (b) section 17(1)(c); S. 60AA (1A)(c) amended by No. 7/2022 s. 29(3)(a). (c) section 17(1)(d); S. 60AA (1A)(d) inserted by No. 7/2022 s. 29(3)(b). (d) section 38B(1), (2), (3) or (4). S. 60AA(1AB) inserted by No. 43/2011 s. 54(1). (1AB) A protective services officer may serve an infringement notice on any person who he or she has reason to believe has committed at or in the vicinity of a designated place an offence against— S. 60AA (1AB)(a) amended by No. 6/2021 s. 9(3). (a) section 6 or 17A; or S. 60AA (1AB)(b) amended by No. 7/2022 s. 29(4). (b) section 17(1)(c) or (1)(d) or section 38B(1), (2), (3) or (4).. S. 60AA(1B) inserted by No. 9/2008 s. 9(1), amended by No. 43/2011 s. 54(2). (1B) An infringement notice under subsection (1A) or (1AB)(b) must not be served on a person who is under 18 years of age at the time of the alleged offence. S. 60AA(1C) inserted by No. 45/2017 s. 57(2). (1C) A protective services officer may only exercise the power to serve an infringement notice under this section in relation to a person who was at or in the vicinity of a designated place at the time of the alleged offence. S. 60AA(1D) inserted by No. 8/2025 s. 15(3). (1D) An authorised officer within the meaning of the **Fisheries Act 1995** may serve an infringement notice on a person who the authorised officer has reason to believe has committed an offence against section 49F while on bail in relation to an offence against the **Fisheries Act 1995** or an associated offence within the meaning of that Act. S. 60AA(2) substituted by No. 32/2006 s. 94(Sch. item 46(2)), amended by No. 9/2008 s. 9(2). (2) An offence referred to in subsection (1) or (1A) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**. S. 60AA(3) inserted by No. 92/2009 s. 7(3), repealed by No. 6/2021 s. 9(4). S. 60AB inserted by No. 33/2003 s. 4, substituted by No. 32/2006 s. 94(Sch. item 46(3)), amended by No. 9/2008 s. 9(3) (ILA s. 39B(1)). 60AB Infringement penalty (1) The amount payable for an alleged offence for which an infringement notice may be served is 1 penalty unit. S. 60AB(2) inserted by No. 9/2008 s. 9(3), substituted by No. 18/2010 s. 53. (2) Despite subsection (1)— S. 60AB(2)(a) amended by No. 27/2011 s. 6(2). (a) the infringement penalty for an alleged offence against section 17(1)(c) for which an infringement notice may be served is 2 penalty units; and (b) the infringement penalty for an alleged offence against section 17(1)(d) for which an infringement notice may be served is 4 penalty units. S. 60AB(3) inserted by No. 92/2009 s. 8, substituted by No. 18/2010 s. 53. (3) Despite subsection (1) the infringement penalty for an alleged offence against section 6 for which an infringement notice may be served is 2 penalty units. S. 60AB(4) inserted by No. 18/2010 s. 53, amended by Nos 12/2011 s. 10(1), 6/2021 s. 10(1). (4) Despite subsection (1) the infringement penalty for an alleged offence against section 17A for which an infringement notice may be served is 4 penalty units. S. 60AB(5) inserted by No. 12/2011 s. 10(2), repealed by No. 6/2021 s. 10(2). S. 60AB(6) inserted by No. 7/2022 s. 30. (6) Despite subsection (1), the infringement penalty for an alleged offence against section 38B(1), (2), (3) or (4) for which an infringement notice may be served is 2 penalty units. Pt 3 Div. 7 (Heading) inserted by No. 52/2025 s. 11(5). Division 7—Forfeiture **S. 60AC** **inserted by** **No. 33/2003** **s. 4,** **repealed by** **No. 32/2006** **s. 94(Sch.** **item 46(4)),** **new s. 60AC inserted by No. 12/2011 s. 11, repealed by No. 6/2021 s. 11.** Ss 60AD–60AH inserted by No. 33/2003 s. 4, repealed by No. 32/2006 s. 94(Sch. item 46(4)). S. 60A inserted by No. 101/1986 s. 60(1), amended by Nos 24/1990 s. 15, 25/2023 s. 7(Sch. 1 item 27.1).