Part 8Enforcement, offences, and penalties
Offences
159Proceedings for infringement offences other than border infringement offences
This section does not apply to border infringement offences.
This section applies when—
- an inspector has reason to believe that a defendant has committed an infringement offence:
- an authorised person has reason to believe that a defendant has committed an infringement offence that the authorised person may deal with within his or her terms of appointment under section 103(1)(b), (2), or (3).
Proceedings may be taken against the defendant by filing a charging document under section 14 of the Criminal Procedure Act 2011.
Alternatively, the inspector or the authorised person may issue an infringement notice to the defendant. In that case,—
- proceedings for the offence may be commenced in accordance with section 21 of the Summary Proceedings Act 1957; and
- section 21 of that Act applies with all necessary modifications.
Any inspector (not necessarily the inspector who issued the notice), the authorised person (the authorised person who issued the notice), or an authorised person appointed by the same appointer as appointed the authorised person who issued the notice—
- may deliver it (or a copy of it) to the defendant personally; or
- may send it (or a copy of it) to the defendant by post addressed to the defendant's last known place of residence or business; and in that case
it (or the copy) shall be deemed to have been served on the defendant when it was posted. Every infringement notice shall be in a form prescribed by regulations made under this Act; and shall specify—
- sufficient details to inform the defendant fairly of the time, place, and nature of the offence alleged; and
- the amount of the infringement fee for the offence; and
- where the fee may be paid; and
- the time within which the fee may be paid; and
- a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
- that the defendant has the right to request a hearing; and
- a statement of what will happen if the defendant neither pays the fee nor requests a hearing; and
- any other matters prescribed in that behalf.
Notes
- Section 159 heading: replaced, on , by section 6(1) of the Biosecurity Amendment Act 2009 (2009 No 66).
- Section 159 heading: amended, on , by section 69(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 159(1): replaced, on , by section 69(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 159(1A): inserted, on , by section 69(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 159(1B): inserted, on , by section 69(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 159(1B): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
- Section 159(1C): inserted, on , by section 69(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 159(2): amended, on , by section 69(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 159(2)(b): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
- Section 159(3)(b): replaced, on , by section 6(3) of the Biosecurity Amendment Act 2009 (2009 No 66).