Part 6Final and miscellaneous provisions
Offences: Infringement offences
401Procedural requirements for infringement notices, etc
The following provisions only of sections 423 to 426 apply in relation to the service of an infringement notice or a notice under section 400(2)(a):
- sections 423(1)(a) to (c), (2)(a) to (d), and (3), 424(1)(a) to (c), and 425(1)(a) and (b):
- section 426(2)(a) as it applies to notices given by post.
An infringement notice or a notice under section 400(2)(a) that is posted in accordance with section 423(1)(a) or (2)(d), 424(1)(c), or 425(1)(b) must be treated as having been served on the date on which it was posted.
An infringement notice must—
- be in the prescribed form; and
- contain—
- details of the alleged infringement offence that are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
- the amount of the infringement fee; and
- the address or addresses at which the infringement fee may be paid; and
- the time within which the infringement fee must be paid; and
- a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
- a statement that the person served with the notice has a right to request a hearing; and
- a statement of what will happen if the person served with the notice does not pay the fee and does not request a hearing; and
- any other prescribed matters.
- details of the alleged infringement offence that are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
If an infringement notice is issued, the procedure under section 21 of the Summary Proceedings Act 1957 may be used in respect of the infringement offence to which the notice relates and, in that case, that section applies with all necessary modifications.
Regulations may prescribe, for the purposes of section 21 of the Summary Proceedings Act 1957, the form and content of reminder notices for infringement offences, which must, at a minimum, contain the information set out in subsection (3)(b).


