Division 3 Penalty notices (tier 3 offences)
222 Penalty notice offences
For the purposes of this Division, a penalty notice
offence is an offence against this Act or the regulations that is
prescribed by the regulations for the purposes of this Division, other than an
offence arising under Part 5.2 (Tier 1 offences).
223 What is a penalty notice?
A penalty notice is a
notice to the effect that, if the person served with the notice does not wish
to have a specified penalty notice offence dealt with by a court, the person
may pay the penalty prescribed under section 227 for the offence:
(a) within the time specified in the notice (being 28 days from the
date on which the notice was served), and
(b) to the person specified in the notice.
224 Service of penalty notices
(1) An enforcement officer may serve a penalty notice on a person if
it appears to the enforcement officer that the person has committed a penalty
(2) A penalty notice may be served personally or by
(3) The regulations may authorise a penalty notice also to be served
by leaving the notice on a vehicle or at other premises in respect of which
the offence was committed.
225 Consequences of paying penalty in accordance with penalty
(1) If the penalty prescribed for an alleged offence is paid in
accordance with this Division, no person is liable to any further proceedings
for the alleged offence.
(2) Payment in accordance with this Division is not to be regarded as
an admission of liability for the purposes of, nor is it in any way to affect
or prejudice, any civil claim, action or proceeding arising out of the same
226 Enforcement officers
(1) In this Division, a reference to an enforcement
officer, in relation to an offence, is a reference to a person
belonging to a class of officers or employees prescribed by the regulations in
relation to the offence.
(2) A person who is an officer or employee of a public authority
cannot be an enforcement officer in relation to an offence alleged to have
been committed by the authority.
(3) Only an officer or employee of the EPA can be an enforcement
officer in relation to:
(a) an offence (other than a littering offence) alleged to have been
committed in relation to activities or work authorised or controlled by an
environment protection licence, or
(b) an offence (other than a littering offence) alleged to have been
committed in relation to activities carried on by the State or a public
(4) In this section, littering
offence means an offence arising under Part
227 Penalty payable
(1) The regulations may prescribe the penalty payable under a penalty
notice in respect of a penalty notice offence.
(2) Any such penalty may not exceed the maximum penalty that may be
imposed by a court on a conviction for the offence.
(3) The regulations may prescribe different penalties for the same
penalty notice offence.
228 Withdrawal of penalty notice
(1) An enforcement officer belonging to the same class of officers as
the enforcement officer by whom a penalty notice has been served:
(a) may withdraw the notice within 28 days after the date on which the
notice was served, and
(b) must withdraw the notice immediately if directed to do so by the
(2) The following provisions have effect in relation to an alleged
offence if a penalty notice for the alleged offence is withdrawn in accordance
with this section:
(a) The amount that was payable under the notice ceases to be
(b) Any amount that has been paid under the notice is repayable to the
person by whom it was paid.
(c) Further proceedings in respect of the alleged offence may be taken
against any person (including the person on whom the notice was served) as if
the notice had never been served.
229 Effect on other provisions
This Division does not limit the operation of this or any other
Act in relation to proceedings that may be taken in relation to