Part 8Enforcement, offences, and penalties
Offences
159AAccelerated infringement notice procedure for border infringement offences
This section applies when an inspector has reason to believe that a defendant has committed a border infringement offence.
Proceedings may be taken against the defendant by filing a charging document under section 14 of the Criminal Procedure Act 2011.
Alternatively, the inspector 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 employee of the Ministry (not necessarily the inspector who issued the notice)—
- may deliver an infringement notice (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.
For the purposes of subsection (6), an infringement notice sent to a person by post is deemed to have been served on the defendant when it was posted.
An infringement notice under this section must be in the prescribed form, and must 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
- how and where payment may be made under subsection (5); and
- a summary of how the provisions of section 21(10) of the Summary Proceedings Act 1957 apply to the offence alleged; and
- that the defendant has a right to request a hearing; and
- a statement of the consequences if the defendant neither pays the fee nor requests a hearing; and
- such other particulars as are prescribed by regulations made under this Act.
If the infringement notice is served by delivering it to a person at a port approved under section 37 or section 37A, that person may choose to pay immediately the infringement fee in the manner specified in the notice.
The Ministry may provide particulars of an infringement notice in accordance with section 21(4) and (4A) of the Summary Proceedings Act 1957, after a period of 14 days from the date of service of the infringement notice, or a copy of the infringement notice, if—
- the infringement fee for the offence has not by then been paid to the Ministry at the address specified in the notice (or immediately under subsection (5)); and
- the Ministry has not by then received at that address a notice requesting a hearing in respect of that offence.
If an infringement notice has been issued and served under this section, the Summary Proceedings Act 1957 applies as if that notice were a reminder notice served under section 21(2) of that Act, and the provisions of that Act apply, with all necessary modifications, to the alleged offence as if—
- the reference in section 21(1)(b) to providing particulars of a reminder notice under that section were a reference to providing particulars of the infringement notice under subsection (6) of this section; and
- subsection (6) were in the place of section 21(3); and
- the reference in section 21(3A) to the particulars of a reminder notice not having been provided under section 21(3) were a reference to the particulars of the infringement notice not having been provided under subsection (6) of this section; and
- every reference in section 21(4), (4A), and (4B) to particulars of a reminder notice were a reference to the particulars of an infringement notice and every reference to the contents of a reminder notice were a reference to the contents of an infringement notice; and
- the reference in section 21(4)(a) to parts of the reminder notice were a reference to parts of the infringement notice; and
- the reference in section 21(4C) to particulars of a reminder notice were a reference to particulars of an infringement notice; and
- the reference in section 21(4C) to the reminder notice were a reference to the infringement notice; and
- the reference in section 21(5) to the verification of particulars of a reminder notice provided under section 21(3) were a reference to the verification of particulars of an infringement notice provided under subsection (6) of this section; and
- the reference in section 21(6)(b) and in section 21(10)(a) to a period of 28 days after the service of a reminder notice were a reference to the period of 14 days after the service of the infringement notice; and
- each reference in section 21A and section 78B to a reminder notice were a reference to an infringement notice and each reference in section 21A and section 78B to the reminder notice were a reference to the infringement notice; and
- the references to reminder notices in the definition of defendant in section 2(1), and in section 212, and in any other relevant provisions of that Act or regulations made under that Act, were references to the infringement notice.
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Despite section 203(1) of the Summary Proceedings Act 1957, an infringement notice under this section may be issued and served on a Sunday.
Notes
- Section 159A: inserted, on , by section 4 of the Biosecurity Amendment Act 1999 (1999 No 29).
- Section 159A heading: replaced, on , by section 7(1) of the Biosecurity Amendment Act 2009 (2009 No 66).
- Section 159A(1): replaced, on , by section 70 of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 159A(1A): inserted, on , by section 70 of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 159A(1A): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
- Section 159A(1B): inserted, on , by section 70 of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 159A(4)(b): replaced, on , by section 7(3) of the Biosecurity Amendment Act 2009 (2009 No 66).
- Section 159A(6): replaced, on , by section 31 of the Summary Proceedings Amendment Act 2006 (2006 No 13).
- Section 159A(7): replaced, on , by section 31 of the Summary Proceedings Amendment Act 2006 (2006 No 13).
- Section 159A(8): repealed, on , by section 31 of the Summary Proceedings Amendment Act 2006 (2006 No 13).