Ben Lomond Skifield Management Authority Amendment Act 2000
An Act to amend the Ben Lomond Skifield Management Authority Act 1995
[Royal Assent 16 June 2000]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1Short titleThis Act may be cited as the Ben Lomond Skifield Management Authority Amendment Act 2000 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Ben Lomond Skifield Management Authority Act 1995 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended by omitting the definition of employee and substituting the following definition: employee means an employee appointed under section 9 ; 5Section 5 amended (Constitution of Authority) Section 5(1) of the Principal Act is amended as follows: (a) by omitting "5" and substituting "4"; (b) by inserting in paragraph (a) ", or his or her nominee" after "Director"; (c) by omitting from paragraph (b) "4" and substituting "3". 6Section 9 amended (Employees of Authority) Section 9(1) of the Principal Act is amended by omitting "is to appoint a manager and may appoint any other" and substituting "may appoint any". 7Part 4A insertedAfter section 21 of the Principal Act , the following Part is inserted: PART 4AInfringement notices and vehicle infringement notices 21AInterpretation In this Part – approved means approved by the Authority; infringement notice means an infringement notice served under section 21B(1) ; owner means the person registered as the owner in the record of motor vehicles kept under the Traffic Act 1925 ; specified penalty means the penalty specified in an infringement notice; vehicle infringement notice means a vehicle infringement notice served under section 21B(2) ; withdrawal notice means a withdrawal notice served under section 21C(2) . 21BService and acceptance of infringement notices and vehicle infringement notices (1) An authorized officer may serve an infringement notice on a person if of the opinion that the person has committed a prescribed offence. (2) An authorized officer may serve a vehicle infringement notice on the owner of a vehicle if of the opinion that the vehicle has been used in relation to a prescribed offence. (3) An infringement notice or vehicle infringement notice is to – (a) be in an approved form; and (b) specify – (i) the offence to which it relates; and (ii) the penalty for that offence; and (iii) that payment of the penalty is to be to a court of petty sessions; and (iv) any other prescribed details. (4) An infringement notice or vehicle infringement notice is to state that the person on whom it is served may disregard the notice but that on doing so he or she may be prosecuted for the offence to which the notice relates. (5) Subject to subsection (6) , a person may accept an infringement notice or vehicle infringement notice, unless it has been withdrawn, by – (a) paying within 21 days of being served with the notice the specified penalty to a clerk of petty sessions; or (b) lodging with a clerk of petty sessions within 21 days of being served with the notice a written undertaking to pay the specified penalty by any instalments or within any time the clerk may direct. (6) If an infringement notice or vehicle infringement notice served on a person has not been accepted by the person in either of the ways prescribed in subsection (5) , at the expiry of the appropriate period prescribed in that subsection, the clerk of petty sessions, by written notification to that person, may allow that person an additional period of 14 days commencing on the expiry of the first-mentioned period in which to accept the infringement notice or vehicle infringement notice. (7) A clerk of petty sessions may, at any time before a complaint and summons is issued for the relevant offence, accept – (a) payment of the prescribed penalty; or (b) a written undertaking to pay the penalty either wholly or by instalments within such time as the clerk may direct. (8) If an infringement notice or vehicle infringement notice in respect of a prescribed offence has been served on a person, proceedings are not to be brought against that person for that offence if the notice has been accepted and has not been withdrawn. (9) Whether or not an infringement notice or vehicle infringement notice is accepted, proceedings are not to be brought within the period of – (a) 28 days following the service of the notice, if the person has not been allowed an additional period under subsection (6) ; or (b) 42 days following the service of the notice, if the person has been allowed such an additional period – unless the notice has been withdrawn. (10) If an infringement notice or vehicle infringement notice in respect of an offence has been accepted by a person and has not been withdrawn, that acceptance, in relation to proceedings for any other offence, is to be treated as a conviction for the offence in respect of which the notice was served unless the court before which those proceedings are taken is satisfied that it is unjust that it should be so treated. (11) Acceptance of an infringement notice or vehicle infringement notice is not to be regarded as an admission of liability for the purpose of, nor in any way affect or prejudice, any civil claim, action or proceeding. 21CWithdrawal of infringement notices and vehicle infringement notices (1) An infringement notice or vehicle infringement notice that has been served on any person may, whether or not it has been accepted, be withdrawn as provided in subsection (2) at any time within the period of – (a) 28 days following the service of the notice, if the person has not been allowed an additional period under section 21B(6) ; or (b) 42 days following the service of the notice, if the person has been allowed such an additional period. (2) For the purposes of subsection (1) , an infringement notice or vehicle infringement notice served on a person is withdrawn by the service on that person of a withdrawal notice signed by an authorized officer stating that the infringement notice or vehicle infringement notice has been withdrawn. (3) If an infringement notice or vehicle infringement notice has been withdrawn under this section and any sum has been paid to a clerk of petty sessions by way of penalty under that notice, the clerk is to repay the sum so paid to the person on whom the notice was served. (4) If an infringement notice or vehicle infringement notice has been served in respect of an offence and has been withdrawn, evidence of the service, acceptance or withdrawal of the notice is not admissible in any proceedings for that offence. (5) A reference in this Part to the withdrawal of an infringement notice or vehicle infringement notice is a reference to the withdrawal of the notice under this section. 21DEffect of undertaking to pay a prescribed penalty (1) If an undertaking referred to in section 21B(5)(b) is lodged with a clerk of petty sessions, the clerk is to give directions to the person by whom the undertaking is given requiring the person to pay the penalty to which the undertaking relates in such instalments or within such time as may be specified in the directions. (2) Before giving a direction under subsection (1) with respect to any person, the clerk is to – (a) consider any representations made to the clerk by or on behalf of that person, whether at the time the undertaking is lodged or otherwise, with respect to the person’s financial circumstances; and (b) give such directions as, having regard to those representations and all the circumstances of the case, the clerk considers just and reasonable. (3) If a person fails to comply with any direction given under subsection (1) , similar proceedings may be had in respect of so much of the penalty to which the directions relate as remains unpaid as if the penalty were a penalty imposed on the person on summary conviction for an offence. 21EService of notices (1) An infringement notice or withdrawal notice is to be served on a person by an authorized officer delivering it to the person. (2) A vehicle infringement notice may be served by affixing it to the vehicle in respect of which the offence occurred. (3) A person must not remove a vehicle infringement notice affixed to a vehicle so that the contents of the notice do not become known to the person in charge of the vehicle.Penalty: Fine not exceeding 1 penalty unit.
(4) A notification under section 21B(6) by a clerk of petty sessions is to be served on a person by sending it by post addressed to the person at the place shown as his or her address in the relevant infringement notice or vehicle infringement notice. 21FPenalty to be paid into Consolidated Fund Any sum paid to a clerk of petty sessions under this Part by way of penalty is to be paid into the Consolidated Fund. 21GProceedings in relation to motor vehicle offences (1) Unless the owner of a motor vehicle used in relation to a prescribed offence establishes a defence under this section, the owner is guilty of the offence whether or not the owner was driving, or was in charge of, the motor vehicle at the time of the offence. (2) It is a defence to proceedings in relation to a prescribed offence for the defendant to establish that he or she was not driving, or was not in charge of, the motor vehicle at the time of the occurrence of the offence. (3) A person is not entitled to rely on a defence under subsection (2) unless, within 21 days of being served with a complaint and summons relating to the offence, the person gives to the clerk of the court specified in the summons – (a) written notice of the intention to rely on that defence; and (b) a statutory declaration stating that at the time of the occurrence of the offence – (i) the motor vehicle was being driven without the person’s knowledge or consent; or (ii) the motor vehicle was in the charge of another person and stating the name of that other person; or (iii) the first-mentioned person had no right or interest in the motor vehicle. (4) Proceedings must not be heard in relation to a prescribed offence unless the defendant referred to in the complaint and summons was, at the time of being served with the complaint and summons, notified in writing of the provisions of this section. (5) A complaint and summons to which this section relates is to contain an address at which a notice under subsection (3) may be lodged. (6) A statutory declaration under subsection (3)(b) naming a person as being in charge of the motor vehicle is evidence in any proceedings for a prescribed offence that that person was at all relevant times relating to that offence in charge of the motor vehicle. (7) If a penalty has been imposed on, or recovered from, any person in relation to a prescribed offence, a further penalty must not be imposed on, or recovered from, any other person in relation to the offence. 21HMore than one registered owner (1) If there are 2 or more registered owners of a motor vehicle, proceedings for a prescribed offence may be brought against one of those owners or against some or all of those owners jointly. (2) If there are 2 or more registered owners of a motor vehicle, a court may find the defendant or each of the defendants guilty of an offence if satisfied that – (a) an offence has been committed; and (b) a defence is not established under section 21G(2) . (3) If a fine is imposed on 2 or more registered owners of a motor vehicle who have been found guilty of a prescribed offence, the total of any fines imposed in respect of that offence is not to exceed the maximum fine that could have been imposed if only one of them had been found guilty of that offence. 8Section 29 amended (Regulations) Section 29(2) of the Principal Act is amended by inserting after paragraph (f) the following paragraph: (fa) the issue of infringement notices and vehicle infringement notices for certain offences; [Second reading presentation speech made in:
House of Assembly on 24 MAY 2000
Legislative Council on 1 JUNE 2000]