1SUMMARY OFFENCES REGULATIONS 1994

NORTHERN TERRITORY OF AUSTRALIA SUMMARY OFFENCES REGULATIONS 1994 As in force at 25 March 2024 Table of provisions 1 Citation ............................................................................................ 1 2 Definitions ........................................................................................ 1 3 Service of infringement notice ......................................................... 1 4 Particulars to be shown in infringement notice ................................ 1 4A Penalty ............................................................................................ 2 6 Payment before expiry date of infringement notice ......................... 2 7 General ............................................................................................ 3 9 Prescribed offences ......................................................................... 3 10 Review of decision to give notice..................................................... 4 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

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As in force at 25 March 2024

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SUMMARY OFFENCES REGULATIONS 1994 Regulations under the Summary Offences Act 1923 1 Citation These Regulations may be cited as the Summary Offences Regulations 1994. 2 Definitions In these Regulations, unless the contrary intention appears, infringement notice means a notice issued under regulation 3. 3 Service of infringement notice Where a member believes a person has contravened or failed to comply with section 47, 53(1)(a) or (7), 53A(2), 53B(3), 55, 65AA, 65A, 66(1)(a), 76, 78, 82(1), (2) or (3), or 85 of the Act, the member may serve an infringement notice on the person by: (a) personally handing it to the person; (b) posting it to the person at the person's last known postal address, place of residence or business; or (c) leaving it for the person at the person's last known place of residence or business with some other person apparently resident or employed there and apparently not less than 16 years of age. 4 Particulars to be shown in infringement notice (1) An infringement notice shall have clearly shown on it: (a) the date, time and place of the offence; (b) the nature of the offence or offences and the penalty or penalties payable; (c) the place or places at which a penalty may be paid;

Summary Offences Regulations 1994 2 (d) the date of the infringement notice and a statement that the penalty may be paid within 28 days after that date; (f) a statement to the effect that, if the appropriate amount specified in the infringement notice as the penalty for the offence is tendered at the place referred to in the notice within the time specified in the notice, no further action will be taken; and (g) such other particulars and instructions as the Commissioner may approve. 4A Penalty The penalty payable under these Regulations in lieu of the penalty that may otherwise be imposed in respect of an offence in respect of which an infringement notice has been served is: (a) for an alleged offence under section 53(1)(a), 65AA, 65A, 66(1)(a), 76, 78, 82(1) to (3) or 85 of the Act – $144; or (b) for an alleged offence under section 53(7) of the Act – $288; or (c) for an alleged offence under section 47 or 55 of the Act – $432; or (d) for an alleged offence under section 53A(2) or 53B(3) of the Act – $576. 6 Payment before expiry date of infringement notice (1) Subject to regulation 7, where, before the expiration of the period specified in an infringement notice for the payment of a penalty, the amount of the penalty shown on the notice is paid at a place specified in the notice, the person to whom the infringement notice was issued 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, unless the notice is, in accordance with regulation 5, withdrawn. (2) Where a person tenders a cheque in payment of a penalty under this regulation at, or sends it by post to, a place specified in an infringement notice as a place where the penalty may be paid, payment shall be deemed not to be made unless the cheque is honoured on presentation.