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Contents (1999 - 80)
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Pesticides Act 1999 No 80
Current version for 15 January 2016 to date (accessed 22 July 2017 at 20:41)
Part 10 Division 2
Division 2 Penalty notices
75   Penalty notice offences
(1)  For the purposes of this Division, a penalty notice offence is an offence under this Act or the regulations that is prescribed by the regulations for the purposes of this Division, other than an offence arising under Division 1 of Part 2.
(2)  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 78 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.
76   Service of penalty notices
(1)  An authorised officer may serve a penalty notice on a person if it appears to the authorised 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.
77   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.
78   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 $1,500 nor the maximum penalty that may be imposed by a court on a conviction for the offence.
79   Withdrawal of penalty notice
(1)  An authorised officer:
(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 Environment Protection Authority.
(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.
80   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.