Division 3 Penalty notices (tier 3 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).
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 notice offence.(2) A penalty notice may be served personally or by post.(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 notice
(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 occurrence.
(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 authority.(4) In this section, littering offence means an offence arising under Part 5.6A.
(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 EPA.(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 payable.(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 offences.