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Contents (1974 - 80)
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National Parks and Wildlife Act 1974 No 80
Current version for 26 October 2018 to date (accessed 13 December 2019 at 11:51)
Part 15 Division 2 Section 192
192   Penalty notice for certain offences
Editorial note.
 See also Part 3 of the Fines Act 1996.
(1)  In this section:
owner has the same meaning as in section 159.
prescribed offence means an offence prescribed for the purposes of this section and includes a parking offence within the meaning of section 159.
prescribed person means:
(a)  a police officer, or
(b)  an officer of the Service, or
(b1)  the Chairperson of the Environment Protection Authority, or
(b2)  a member of staff of the Environment Protection Authority, or
(c)  a person, or a person belonging to a class of persons, prescribed for the purposes of this section.
(1A)  In this section, a reference to this Act or the regulations includes a reference to the Threatened Species Conservation Act 1995 or the regulations made under that Act.
(2)  Where it appears to a prescribed person that any other person has committed any prescribed offence against this Act or the regulations or is, by virtue of section 159, guilty of such an offence, the prescribed person may serve a notice on that other person to the effect that, if that other person does not desire to have the matter determined by a court, he or she may pay to a person specified in the notice at the place and within the time so specified the amount of the penalty prescribed for the offence if dealt with under this section.
(3)  A notice under subsection (2) may be served:
(a)  where the offence is a parking offence within the meaning of section 159 or an offence of which a person is guilty by virtue of that section:
(i)  in the manner provided by section 174, or
(ii)  by addressing the notice to the owner of the vehicle to which the offence relates, without naming that owner or stating his or her address, and leaving it on, or attaching it to, the vehicle, or
(b)  in any other case—in the manner provided by section 174.
(4)  Where the amount of penalty prescribed for an alleged offence is paid pursuant to this section, no person shall be liable for any further proceedings for the alleged offence.
(5)  Payment of a penalty pursuant to this section is not an admission of liability for the purpose of any action or proceedings and does not in any way affect or prejudice any civil claim, action or proceedings arising out of the same occurrence.
(6)  The regulations may:
(a)  prescribe an offence as a prescribed offence for the purposes of this section by specifying the offence or by reference to the provision creating the offence,
(b)  prescribe the amount of penalty payable under this section for each prescribed offence, and
(c)  for the purposes of this section, prescribe different amounts of penalties for different offences or classes of offences, or for offences or classes of offences having regard to the circumstances thereof.
(7)  No amount of penalty prescribed under this section for any offence shall exceed any maximum amount of penalty which could be imposed for the offence by a court.
(8)  The provisions of this section are supplemental to, and do not derogate from, any other provisions of this or any other Act in relation to proceedings that may be taken in respect of prescribed offences.
(9)  A prescribed person belonging to the same class of prescribed person as the person 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 Chief Executive.
(10)  The following provisions have effect in relation to an alleged offence if a penalty notice for the alleged offence is withdrawn in accordance with subsection (9):
(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 penalty notices and 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.