SUMMARY OFFENCES REGULATIONS 1994

The central concept is the infringement notice, defined in regulation 2 as “a notice issued under regulation 3”. It is a formal document that alleges a contravention of a specified provision of the Summary Offences Act and demands payment of a fixed penalty. Payment by the due date leads to expiation, meaning “the person … shall be deemed to have expiated the offence by payment of the penalty and no further proceedings shall be taken in relation to the offence” (regulation 6(1)). Expiation is not a conviction; it is a statutory extinguishment of criminal liability for that alleged offence. However, the regulations do not state that paying constitutes an admission of guilt - it simply closes the matter.

The penalty payable is set out in regulation 4A. It is a fixed sum that depends on the offence category, ranging from $144 to $576. These amounts are not indexed to inflation and have been amended periodically. The penalty is payable “in lieu of the penalty that may otherwise be imposed” - meaning the court could impose a higher fine or other sanction if the matter proceeds.

The s 55A notice is a different instrument. Though not defined in these regulations, it is a notice issued under section 55A(1) of the Act. The regulations do not describe its content or effect; that is left to the principal Act. However, regulation 9 lists prescribed offences which are relevant to section 55A(10)(a) - likely relating to when such a notice can be given or what prior offences trigger its issuance. The list is extensive and includes offences from the Criminal Code, Firearms Act, and Misuse of Drugs Act, including some historical versions that are no longer in force.

Review under regulation 10 is a de novo proceeding in the Local Court. The Court “must consider the matter afresh and is not bound by anything considered by the Commissioner” (regulation 10(6)). It can admit evidence that the Commissioner did not consider and refuse evidence that was considered. This is a full merits review, not judicial review. Importantly, the Commissioner of Police is a party (regulation 10(4)) but cannot be compelled to give evidence relating to the giving of the notice or its basis (regulation 10(9)). This asymmetry means the applicant may face difficulty in cross-examining the decision-maker.

Other concepts include service (three methods under regulation 3), withdrawal (referred to in regulation 6(1) but the withdrawal process itself is not detailed here - it likely sits in the principal Act or police procedures), and multiple notices (regulation 7(a) permits more than one notice for the same offence, but payment under any one suffices).

The regulations directly affect five groups: police officers, alleged offenders, the Local Court, the Commissioner of Police, and by extension legal practitioners and organisations whose members may receive infringement notices or s 55A notices.

Police officers are the primary enforcers. Regulation 3 gives a “member” (defined in the Act as a police officer) the discretion to serve an infringement notice when they believe an offence has occurred. They must ensure the notice contains the particulars required by regulation 4 (date, time, place, nature of offence, penalty amount, place of payment, date of notice, the 28-day window, and a statement about expiation). They serve the notice via one of the three specified methods. The regulations do not compel the officer to issue a notice; prosecution in court remains an alternative.

Alleged offenders are individuals on whom an infringement notice or s 55A notice is served. For infringement notices, they face a choice: pay the fixed penalty within 28 days to expiate the offence, or risk court proceedings where the fine could be higher. They also must be aware that paying by cheque is only effective if the cheque is honoured (regulation 6(2)). For s 55A notices, they must comply with the notice or apply for a review - failure to comply is likely an offence under the Act itself, not these regulations.

The Local Court is given jurisdiction under regulation 10 to hear review applications. The Court must conduct the review “in any way it considers appropriate” (regulation 10(5)(a)), and may amend or revoke the notice. This creates a workload for the court and a formal avenue for challenge.

The Commissioner of Police is a mandatory party to review proceedings (regulation 10(4)). This imposes a resource cost on the police department. However, the Commissioner benefits from an evidentiary shield: she cannot be compelled to give evidence about the basis of the notice (regulation 10(9)). This reduces the scope of scrutiny.

Legal practitioners must advise clients on the optimal strategy - pay or contest an infringement notice - and on the prospects of a s 55A notice review. The lack of a review mechanism for infringement notices (as opposed to s 55A notices) is significant. Clients who believe they are wrongly accused of an infringement-notice offence must let the notice expire and then defend court proceedings, which is costlier.

Businesses and organisations may be affected if their employees or patrons receive s 55A notices (e.g., in pubs, clubs, or public events). They may have incidental costs in facilitating compliance.

The general public bears the ultimate cost: the regulations facilitate faster enforcement of minor offences, which may deter nuisance behaviour but also imposes a compliance burden. The fixed penalty amounts are not large in absolute terms but can accumulate.

The regulations impose few explicit duties and grant several rights. The most notable duty is on the member serving an infringement notice: to ensure the notice contains the prescribed particulars (regulation 4(1)). There is no duty to issue a notice - it is discretionary. The member also has a duty to serve the notice in one of the authorised ways (regulation 3). There is no duty to warn or give any other information beyond what the notice states.

The recipient of an infringement notice has the right to pay the penalty within 28 days and thereby expiate the offence (regulation 6(1)). This is a right to avoid court proceedings and the risk of a higher fine. The recipient also has the right not to pay - that is, to take the chance that the police will either prosecute or not. If prosecuted, the recipient has the usual rights to defend the charge in court. The regulations do not create a right to a formal review of the infringement notice itself; the only avenue is to not pay and contest the charge.

For s 55A notices, the recipient has the right to apply to the Local Court for a review of the notice (regulation 10(1)). This right is time-limited: within 21 days after receiving the notice, or a longer period allowed by the Court (regulation 10(2)). The application automatically stays the operation of the notice until the application is decided (regulation 10(3)). This is a significant procedural right - the person cannot be required to comply with the notice while the review is pending. The recipient also has the right to have the Court consider the matter afresh (regulation 10(6)), to present evidence not considered by the Commissioner, and to have the Court refuse to admit evidence considered by the Commissioner (regulation 10(7)). The applicant can also request that the Court amend or revoke not only their own notice but also a notice given to another person if that other notice arises from the same circumstances (regulation 10(8)).

The Commissioner of Police has the right to be a party to the review proceedings (regulation 10(4)) and cannot be compelled to give evidence about the basis of the notice (regulation 10(9)). This is a protection against having to disclose police intelligence or operational reasoning.

There is no explicit right to withdraw a payment once made, nor any right to a refund if the notice is later withdrawn. The regulations do not address what happens if a person pays under protest - presumably the payment still expiates.

The penalty regime for infringement notices is straightforward: fixed sums per alleged offence, set out in regulation 4A. The amounts are $144, $288, $432, and $576, depending on the offence. These are the amounts to be paid to expiate. They are not fines imposed by a court; they are administrative penalties. If the recipient pays within the 28-day period, no further enforcement action occurs (unless the notice is withdrawn, which would return the matter to the courts - regulation 6(1) says “unless the notice is, in accordance with regulation 5, withdrawn”). If the recipient does not pay, “nothing in these Regulations … prejudices or affects … the institution or prosecution of proceedings, or limits the amount of the fine that may be imposed by a court” (regulation 7(b)). So the maximum court fine for the underlying offence remains unaffected. Typically, court fines for summary offences can be higher than the infringement penalty.

Enforcement of unpaid infringement notice penalties is not directly covered by these regulations. If the notice is not paid and proceedings are initiated, the court will issue a summons or warrant. The regulations do not impose additional late fees or enforcement costs for unpaid notices; that would be governed by other legislation (e.g., the Fines and Penalties (Recovery) Act).

The penalty for failing to comply with a s 55A notice is not in these regulations; it would be in the Summary Offences Act itself. The regulations only deal with the review process. Regulation 10(3) provides that the application for review stays the operation of the notice, so a person who has applied for review cannot be penalised for non-compliance during the pendency of the application. However, if no review is sought, the person must comply or face the penalty under the Act.

The regulations also contemplate that more than one infringement notice may be served for the same offence (regulation 7(a)). This allows for duplicate notices, but payment under any one suffices. This could cause confusion or overpayment. There is no penalty for serving multiple notices.

The Commissioner’s immunity from giving evidence under regulation 10(9) is not a penalty but an enforcement shield. It limits the evidence that can be compelled, which may make it harder for an applicant to successfully challenge a s 55A notice.

These regulations are made under the Summary Offences Act 1923 (NT), and they operate as subordinate legislation under that Act. Their primary interaction is with the Act itself: they implement the infringement notice scheme and the s 55A notice review process that the Act authorises. Any amendment to the Act that alters the listed sections (e.g., renumbering or repealing sections) will necessarily affect the scope of the infringement notice system unless the regulations are updated. The amendment history shows this has happened: for instance, the Liquor and Other Legislation Amendment Act 2012 repealed regulation 8 (which was about a now-defunct notice type) and updated regulation 3.

The regulations also intersect with the Criminal Code (NT), the Firearms Act 1997, and the Misuse of Drugs Act 1990 through regulation 9, which prescribes offences from those Acts for the purposes of section 55A(10)(a) of the Summary Offences Act. This cross-reference means that a person who has committed a prescribed offence from those Acts may be subject to a s 55A notice. The regulations do not amend those Acts; they simply incorporate them by reference.

For infringement notices, the regulations interact with the Criminal Procedure Act 1999 (NT) indirectly. If a person does not pay the infringement notice, the police may choose to prosecute under the Summary Offences Act, and court proceedings will be governed by the Criminal Procedure Act. The fact that an infringement notice was issued does not bind the court.

The regulations also interact with general principles of criminal procedure: payment of an infringement notice is not a conviction and does not create a criminal record in the same way a court conviction would, but it may be recorded by police or the Fines Enforcement agency for administrative purposes.

There is an interaction with the Fines and Penalties (Recovery) Act 2019 (NT) or equivalent. If an infringement notice penalty remains unpaid and the police obtain a court order for the fine, that Act would govern enforcement actions such as garnishment, vehicle registration suspension, or driver’s licence suspension. The regulations themselves do not address recovery.

Finally, regulation 7(c) clarifies that the regulations do not require service of an infringement notice, nor do they affect liability if no notice is served. This preserves the full operation of the Act - a person can be prosecuted even if the officer could have issued a notice but chose not to.

The Summary Offences Regulations 1994 were originally made as SL No. 51 of 1994 and notified on 16 December 1994, commencing the same day. Since then they have been amended multiple times, as recorded in the endnotes. A timeline of key amendments is:

• 1996: Three sets of amendments: SL No. 6 (notified 14 February 1996, commenced 26 February 1996) inserted regulation 8 and a schedule; SL No. 13 (notified and commenced 10 April 1996) amended regulations 3, 4, and 7, inserted regulation 4A, and repealed regulation 5; SL No. 53 (notified 29 November 1996, commenced 1 December 1996) amended regulation 3 and 4A. These early amendments refined the list of offences and introduced the fixed penalty amounts.

• 1997: SL No. 2 (notified and commenced 5 March 1997) amended the schedule.

• 2007: SL No. 5 (notified and commenced 21 March 2007) inserted regulations 9 and 10, adding the prescribed offences list and the Local Court review mechanism for s 55A notices.

• 2012: The Liquor and Other Legislation Amendment Act 2012 (Act No. 18, 2012) commenced in two parts: 30 May 2012 and 27 July 2012. This Act amended regulation 3 and repealed regulation 8 and the schedule, removing outdated provisions.

• 2014: SL No. 13 (notified and commenced 21 May 2014) amended regulations 3 and 4A, updating the eligible offence provisions and the penalty amounts.

• 2016: The Justice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17, 2016) commenced 18 July 2016 and 10 October 2016, amending regulation 9 to update the prescribed offences list (particularly the Misuse of Drugs Act references).

• 2022: The Criminal Code Amendment (Property Offences) Act 2022 (Act No. 24, 2022) commenced 30 April 2023, amending regulation 9 to update Criminal Code references (historical versions of sections 211, 212, 213).

• 2023: The Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023) commenced 25 March 2024, amending regulation 9 to include historical versions of sections 125E, 131A, and 132 of the Criminal Code.

• 2018: Formal amendments under the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) made general formal changes to regulations 1 and 9.

The amendment history shows a pattern of periodic updates to keep the lists of offences current as the underlying Acts are amended. The penalty amounts have changed over time (originally lower), reflecting inflation adjustments or policy decisions.

The regulations themselves do not cite any court cases or litigation. There are no references to judicial decisions in the text or endnotes. This is not surprising for subordinate legislation that is procedural in nature. However, two types of litigation are possible. First, challenges to the validity of infringement notices could have occurred under the Act or general administrative law grounds (e.g., defective service, incorrect particulars). Second, the review mechanism under regulation 10 for s 55A notices may have generated Local Court decisions, but those decisions are not reported in this instrument. The regulations do not provide a list of precedents. Therefore, from the source alone, there is no litigation history to report. Any lawyer relying on these regulations would need to search the NT Local Court and Supreme Court databases for relevant decisions on the interpretation of section 55A or on the interaction between the regulations and the Act.

Several aspects of these regulations can trap the unwary.

Multiple notices for the same offence. Regulation 7(a) expressly permits the service of more than one infringement notice for the same offence. If a person receives two identical notices, they might pay both. However, the regulation says it is sufficient to pay under any one notice; payment of the second is unnecessary and would be lost. There is no statutory right to a refund for overpayment.

Payment by cheque. Regulation 6(2) deems payment not made unless the cheque is honoured on presentation. If a person posts a cheque that bounces, they have not paid, even if they sent it within the 28-day period. The risk of non-payment lies with the alleged offender. The regulations do not provide for a grace period or notice if a cheque is dishonoured - the person may then face prosecution.

No review for infringement notices. Regulation 10 provides a review process only for notices under section 55A(1) of the Act. There is no equivalent review for infringement notices under regulation 3. A person who believes an infringement notice was wrongly issued has no administrative or quasi-judicial avenue to challenge it other than to not pay and face court. This creates a strategic dilemma: pay a fine you think is unjust or risk a court appearance and possibly a higher penalty.

Commissioner’s evidentiary privilege. Under regulation 10(9), the Commissioner cannot be compelled to give evidence about the basis of a s 55A notice. This limits the effectiveness of the review. The Court may still amend or revoke the notice on other evidence, but the applicant cannot probe the police reasoning.

Prescribed offences list includes historical provisions. Regulation 9 references several Criminal Code sections “as in force immediately before” certain amendment commencement dates (e.g., sections 162, 163 as in force before the 2005 Criminal Responsibility Reform Act; sections 211, 212, 213 before the 2022 Property Offences Act; sections 125E, 131A, 132 before the 2023 Sexual Offences Act). This means that a person may be subject to a s 55A notice based on an offence that no longer exists in that form. The regulation preserves the old definitions for this purpose.

The 28-day period is strict. Regulation 6(1) says “before the expiration of the period specified in an infringement notice”. No extension is provided. If the due date falls on a public holiday, the regulations do not extend the time; whether the Fines Commissioner or court could extend is not covered.

The cost-benefit imbalance. The penalty amounts are modest relative to court fines, but they are not trivial. For a person on a low income, $432 for a public nuisance offence may be coercive. The system encourages expiation even if the person is innocent. There is no risk of the state refunding the penalty if the person is later acquitted (because they chose to pay).

Double effect of s 55A notices. A person given a s 55A notice must either comply or apply for review. The review automatically stays the notice. But if you are unaware of the right to apply, you may comply with an unlawful notice. The 21-day limit is relatively short.

The regulations impose no direct compliance obligations on the general public beyond the choice to pay or contest an infringement notice, and the duty to apply for review if you wish to challenge a s 55A notice.

For a person served with an infringement notice:

1. Check the notice for all required particulars (regulation 4). If any are missing (e.g., date, offence description, penalty amount, place of payment, the 28-day statement), the notice may be defective. However, the regulations do not specify the consequence of a defective notice; it may still be valid. Legal advice may be needed.
2. Decide within 28 days from the date on the notice. If you wish to avoid court, pay the exact amount shown. The notice should specify the place of payment (e.g., a police station, online portal, or fines agency). Do not pay after the 28 days unless the notice is still current - the regulations do not forbid late payment but it will not trigger expiation.
3. If paying by cheque, ensure the cheque is drawn on a sufficient account and that it reaches the payee before the due date. Postage delays risk late arrival; the regulations only require payment before expiry, but a cheque is deemed not paid unless honoured. Consider using cash, money order, or electronic transfer.
4. If you receive multiple notices for the same alleged offence, pay under only one. Keep proof of payment.
5. If you wish to contest the offence, do not pay. You will be prosecuted in court. Prepare to defend the charge under the Summary Offences Act. The infringement notice is not evidence of guilt; it is just an allegation.

For a person served with a s 55A notice:

1. Read the notice carefully. It will impose conditions (e.g., leave an area, not approach a person). Failure to comply is likely an offence under the Act.
2. If you want to challenge the notice, apply to the Local Court for a review under regulation 10. You must do so within 21 days of receiving the notice, or ask the Court for a longer period. Filing the application automatically stays the notice - you are not required to comply while the application is pending.
3. The Commissioner of Police will be a party. Gather evidence to support your case (e.g., witnesses, documents, character evidence). The Court will consider the matter afresh. The Commissioner cannot be compelled to give evidence about the basis of the notice, so your evidence must be strong.
4. The Court can amend or revoke the notice, or refuse the application. If it refuses, the notice continues to operate from the date of the decision (the stay ends). You must then comply.
5. If you do not apply for review, you must comply with the notice. Document your compliance.

For police officers:

1. Only serve an infringement notice for the provisions listed in regulation 3. Do not serve for other Act provisions.
2. Ensure the notice contains all particulars from regulation 4(1)(a)-(g). Use the approved form.
3. Serve via one of the three methods in regulation 3. If serving by post or leaving with another person, keep records of the address and the recipient.
4. For s 55A notices, the procedures for giving the notice are in the Act itself. The regulations only govern review. Advise recipients of their review rights if appropriate.

For legal practitioners:

• Advise clients that paying an infringement notice is not an admission but will close the matter. Challenge only if the client has a strong defence and is willing to risk a court fine.
• For s 55A notices, file a review application promptly to obtain an automatic stay. Negotiate with police if possible before the hearing.
• Monitor amendments to the regulations and the Act. The prescribed offences list changes; an old conviction may no longer trigger a s 55A notice.

The regulations themselves are relatively short and procedural. Real compliance lies in understanding the underlying offence provisions and the strategic choices they create.