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Contents (2012 - 96)
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Forestry Act 2012 No 96
Current version for 11 October 2019 to date (accessed 5 April 2020 at 07:53)
Part 7
Part 7 Criminal proceedings and related matters
84   Proceedings for offences
(1916 Act, s 46)
(1)  Proceedings for an offence under this Act or the regulations are to be dealt with summarily before the Local Court.
(2)  Proceedings for an offence under this Act or the regulations may be commenced within, but not later than, 2 years after the date on which the offence is alleged to have been committed.
(3)  However, proceedings for any such offence may also be commenced within, but not later than, 2 years after the date on which evidence of the alleged offence first came to the attention of an authorised officer.
(4)  If subsection (3) is relied on for the purpose of commencing proceedings for an offence, the information or application must contain particulars of the date on which evidence of the offence first came to the attention of an authorised officer and need not contain particulars of the date on which the offence was committed. The date on which evidence first came to the attention of an authorised officer is the date specified in the information or application, unless the contrary is established.
(5)  This section applies despite anything in the Criminal Procedure Act 1986 or any other Act.
85   Penalty notices for certain offences
(1916 Act, s 46A)
(1)  An authorised officer may serve a penalty notice on a person if it appears to the authorised officer that the person has committed an offence under this Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.
(2)  An authorised officer may also serve a penalty notice on a person if it appears to the officer that the person is, by virtue of section 87, guilty of a parking offence within the meaning of that section.
(3)  A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may, within the time and to the person specified in the notice, pay—
(a)  the amount of the penalty prescribed by the regulations for the offence if dealt with under this section, and
(b)  if the Corporation has certified an amount under subsection (4)—the amount so certified.
(4)  If it appears to an authorised officer that a person has committed an offence referred to in subsection (1) involving the taking or destruction of any timber, forest products or forest materials, the Corporation may certify to the authorised officer the amount that it determines would have been payable by way of a resource acquisition fee if the timber, forest products or forest materials had been taken under the authority of a timber licence, forest products licence or forest materials licence.
(5)  A penalty notice—
(a)  may be served personally or by post, or
(b)  if it relates to an offence of which the owner of a motor vehicle is guilty by virtue of section 87—may be addressed to the owner without naming the owner or stating the owner’s address and may be served by leaving it on or attaching it to the vehicle.
(6)  If the penalty for an offence dealt with under this section and any resource acquisition fee is or are paid under this section in respect of an alleged offence—
(a)  a person is not liable to any further proceedings for the alleged offence, and
(b)  a person may not be proceeded against for recovery of the resource acquisition fee, and
(c)  the payment is not to be regarded as an admission of liability for the purpose of, and does not (except as provided by paragraph (b)) in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.
(7)  The regulations may—
(a)  prescribe the offences that are penalty notice offences for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and
(b)  prescribe the amount of penalty payable for the offence if dealt with under this section, and
(c)  prescribe different amounts of penalties for different offences or classes of offences.
(8)  The penalty prescribed for an offence dealt with under this section is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.
(9)  Section 53 applies in respect of any resource acquisition fee paid to the Corporation under this section as if it were a resource acquisition fee paid to the Corporation under section 49. However, this subsection does not require the Corporation, in respect of any resource acquisition fee paid to it under this section, to make a payment out of the resource acquisition fee to the person by whom the fee was paid.
(10)  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.
(11)  In this section—
owner, in relation to a motor vehicle, has the meaning as in section 87.
resource acquisition fee, in relation to a notice under subsection (1), means the amount (if any) referred to in subsection (3)(b) and specified in the notice.
86   Orders for compensation at time offence proved
(1916 Act, s 48)
(1)  This section applies where a court convicts a person of an offence under this Act or the regulations.
(2)  The court may, if it appears to the court that the Corporation or the land manager of a forestry area has, by reason of the commission of the offence—
(a)  suffered loss or damage to any land or property owned by or under the control or management of the Corporation or the land manager, or
(b)  incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, any such loss or damage,
order the offender to pay to the Corporation or the land manager (as the case requires) the costs and expenses so incurred, or compensation for the loss or damage so suffered, in such amount as is fixed by the order.
(3)  Without limiting subsection (2), if—
(a)  the offence involved the taking or destruction of any timber, forest products or forest materials, and
(b)  the Corporation has certified the amount that it determines would have been payable by way of a resource acquisition fee if the timber, forest products or forest materials had been taken under the authority of a timber licence, forest products licence or forest materials licence,
the court may order payment by the offender to the Corporation of that amount.
(4)  A court may not make an order under this section for the payment of an amount that exceeds the amount for which an order may be made by the court when exercising jurisdiction under the Civil Procedure Act 2005. An order made by the court is enforceable as if it were an order made by the court when exercising jurisdiction under that Act.
(5)  Orders may be made under this section in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence concerned.
(6)  Orders may be made under this section regardless of whether any penalty is imposed, or other action taken, in relation to the offence concerned.
(7)  If an amount is ordered to be paid to the Corporation under subsection (3), section 53 applies in respect of an amount paid under the order as if it were a resource acquisition fee paid to the Corporation under section 49. However, this subsection does not require the Corporation, in respect of an amount paid under any such order, to make a payment out of the amount to the person by whom the amount was paid.
(8)  In this section, a reference to the conviction of a person includes a reference to the making of an order in respect of a person under section 10 of the Crimes (Sentencing Procedure) Act 1999.
(9)  In this section—
court means the court that convicts a person of the offence concerned.
offender means the person who is convicted of the offence.
87   Liability of vehicle owner for parking offences
(1916 Act, s 38C)
(1)  If a parking offence occurs in relation to any vehicle, the person who at the time of the occurrence of the offence is the owner of the vehicle is, by virtue of this section, guilty of an offence under the regulation concerned as if the person were the actual offender guilty of the parking offence unless—
(a)  in any case where the parking offence is dealt with under section 85—the person satisfies the authorised officer referred to in the notice served under that section that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or
(b)  in any other case—the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.
(2)  This section does not affect the liability of an actual offender in respect of a parking offence but if a penalty has been imposed on or recovered from any person in relation to the offence no further penalty may be imposed on or recovered from any other person for the offence.
(3)  Despite subsection (1), an owner of a vehicle is not, by virtue of that subsection, guilty of an offence if—
(a)  in any case where the offence is dealt with under section 85—the person—
(i)  within 21 days after service on the person of a notice under that section in respect of the offence, gives an authorised person referred to in the notice an approved nomination notice containing the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or
(ii)  satisfies the authorised person that the person did not know and could not with reasonable diligence have ascertained that name and address, or
(b)  in any other case—the person—
(i)  within 21 days after service on the person of a court attendance notice in respect of the offence, gives the informant an approved nomination notice containing the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or
(ii)  satisfies the court that the person did not know and could not with reasonable diligence have ascertained that name and address.
(3A)  Despite any other provision of this Act, an approved nomination notice may be provided by a person served with a notice under section 85 within 90 days of the notice being served on the person if the approved nomination notice is provided in the circumstances specified in section 23AA or 23AB of the Fines Act 1996.
(3B)  If the owner of a vehicle supplies an approved nomination notice to an authorised person or an informant for the purposes of this section, an authorised person or informant may, by written notice served on the owner, require the owner to supply a statutory declaration for use in court proceedings that verifies the nomination contained in the approved nomination notice.
(4)  If a statutory declaration under subsection (3B) is produced in any proceedings against the person named in the declaration that relate to the offence in respect of which it was supplied, the declaration is evidence that the person so named was in charge of the vehicle at all relevant times relating to that offence.
(5)  An approved nomination notice or a statutory declaration that relates to more than one parking offence is not an approved nomination notice or a statutory declaration for the purposes of subsection (3) or (3B).
(6)  In this section—
approved nomination notice has the same meaning as in section 38 of the Fines Act 1996.
owner of a motor vehicle includes the responsible person for the vehicle within the meaning of the Road Transport Act 2013.
parking offence means the offence committed by a person who, in contravention of the regulations—
(a)  parks a motor vehicle, or
(b)  causes or permits a motor vehicle to be parked or to stand or wait.
88   Evidentiary provisions
(1916 Act, ss 45A and 45B)
In any proceedings for an offence under this Act or the regulations, any one of the following allegations (however expressed) is evidence of the truth of the allegation unless the contrary is proved—
(a)  that specified land comprises a forestry area or other Crown-timber land,
(b)  that a notice was erected on or at the boundary of a forestry area with the authority of the Corporation or the land manager of the area,
(c)  that a notice on or at the boundary of a forestry area was erected, interfered with or removed without the authority of the Corporation or the land manager of the area.