38CInfringement notices

1. Where a constable observes a person committing an infringement offence, or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be served on that person.

2. Any constable (not necessarily the constable who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person's last known place of residence; and, in that case, it (or the copy) is to be treated as having been served on that person when it was posted.

3. Every infringement notice must be in the prescribed form and must contain the following particulars:

4. such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
5. the amount of the infringement fee; and
6. the address of the place at which the infringement fee may be paid; and
7. the time within which the infringement fee must be paid; and
8. a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
9. a statement that the person served with the notice has a right to request a hearing; and
10. a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
11. such other particulars as are prescribed.

12. Where an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957; and, in that case, the provisions of that section apply with all necessary modifications.