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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 6 April 2020 at 14:56)
Part 7 Section 85
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.