Part 10Offences, penalties, and proceedings
Infringement offences
125BIssue and cancellation of infringement notices
An infringement notice may be served on a person if an animal product officer—
- observes the person committing an infringement offence; or
- reasonably believes that the person is committing an infringement offence; or
- reasonably believes that the person has committed an infringement offence.
An infringement notice may be cancelled by an animal product officer if—
- the interests of justice require cancellation; and
- neither the particulars of a reminder notice nor a notice of hearing relating to the infringement notice has been filed in a District Court.
An infringement notice is cancelled by the service of a cancellation notice.
An infringement notice or a cancellation notice may be served by an animal product officer personally delivering it to the person alleged to have committed the infringement offence.
Alternatively, an infringement notice or a cancellation notice may be served by post addressed to,—
- if the person is a natural person,—
- the address of the person's last-known place of residence; or
- the address on the person's driver licence; or
- the person's address on the latest electoral roll; or
- the person's last-known registered address, if the person has or has had a registered address for any purpose; or
- the person's address in the latest telephone directory; or
- the address of the person's last-known place of business; or
- the address of the person's last-known place of residence; or
- if the person is not a natural person,—
- the person's last-known registered address, if the person has or has had a registered address for any purpose; or
- the person's address in the latest telephone directory; or
- the address of the person's last-known place of business.
- the person's last-known registered address, if the person has or has had a registered address for any purpose; or
For the purposes of the Summary Proceedings Act 1957, an infringement notice or a cancellation notice served under subsection (5) is treated as having been served on the person when it was posted.
Notes
- Section 125B: inserted, on , by section 148 of the Food Safety Law Reform Act 2018 (2018 No 3).