365Penalty notices

#### 365 Penalty notices 365 Penalty notices > > (1) An authorised officer may issue a penalty notice to a person if it appears to the authorised officer that the person has committed a penalty notice offence. > > > (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence. > > > (3) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section. > > > > Note. > > > > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence. > > > (4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court). > > > (5) The Minister may withdraw a penalty notice within 28 days after the date on which the penalty notice is issued. > > > (6) If the penalty notice is withdrawn— > > > > > (a) the amount payable under the penalty notice ceases to be payable, and > > > > > (b) any amount paid under the penalty notice is repayable to the person by whom it was paid, and > > > > > (c) further proceedings in respect of the alleged offence may be taken against any person (including against the person to whom the notice was issued) as if the notice had never been issued. > > > (7) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences. > > **s 365:** Subst 2017 No 63, Sch 3.11. Am 2018 No 31, Sch 1 \[70\].