Control of Roads (Infringement Notice) Regulations 2011 (NT)

NORTHERN TERRITORY OF AUSTRALIA

control of roads (infringement notice) REGULATIONS 2011

As in force at 31 May 2011

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Citation2 — Commencement3 — Definitions4 — Infringement notice offence and prescribed amount payable5 — When infringement notice may be given6 — Contents of infringement notice7 — Payment by cheque8 — Withdrawal of infringement notice9 — Application of PartSchedule — Infringement notice offences and prescribed amountsENDNOTES northern territory of australia

northern territory of australia

As in force at 31 May 2011

control of roads (infringement notice) REGULATIONS 2011

Regulations under the Control of Roads Act 1953

1Citation

These Regulations may be cited as the Control of Roads (Infringement Notice) Regulations 2011.

2Commencement

These Regulations commence on the commencement of the Control of Roads Amendment Act 2011.

3Definitions

In these Regulations:

competent authority, for a road, see section 11(9) of the Act.

infringement notice, see regulation 5.

infringement notice offence, see regulation 4(1).

officer means a police officer or an officer of a competent authority.

officer of a competent authority means a person authorised by the competent authority for a road to issue infringement notices for offences in relation to the road.

prescribed amount, see regulation 4(2).

4Infringement notice offence and prescribed amount payable

• (1)

  An infringement notice offence is an offence against a provision specified in the Schedule.

• (2)

  The prescribed amount payable for an infringement notice offence is the amount specified opposite the offence in the Schedule.

5When infringement notice may be

If an officer reasonably believes a person has committed an infringement notice offence, the officer may give a notice (an infringement notice) to the person.

6Contents of infringement notice

• (1)

  The infringement notice must specify the following:

  • (a)

    the name and address of the person, if known;

  • (b)

    the date the infringement notice is given to the person;

  • (c)

    the date, time and place of the infringement notice offence;

  • (d)

    a description of the offence;

  • (e)

    the prescribed amount payable for the offence;

  • (f)

    the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to whom the prescribed amount is payable.

• (2)

  The infringement notice must include a statement to the effect of the following:

  • (a)

    the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given;

  • (b)

    the person may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency;

  • (c)

    if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001, including (but not limited to) action for the following:

    • (i)

      suspending the person’s licence to drive;

    • (ii)

      seizing personal property of the person;

    • (iii)

      deducting an amount from the person’s wages or salary;

    • (iv)

      registering a statutory charge on land owned by the person;

    • (v)

      making a community work order for the person and imprisonment of the person if the person breaches the order.

• (3)

  Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b).

7Payment by cheque

If the person tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation.

8Withdrawal of infringement notice

• (1)

  The officer who issued the infringement notice, or another officer authorised to do so, may withdraw the infringement notice by written notice given to the person.

• (2)

  The notice must be given:

  • (a)

    within 28 days after the infringement notice is given to the person; and

  • (b)

    before payment of the prescribed amount.

  9Application of Part
• (1)

  This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated.

• (2)

  Also, this Part does not:

  • (a)

    require an infringement notice to be given; or

  • (b)

    affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or

  • (c)

    prevent more than one infringement notice for the same offence being given to a person.

• (3)

  If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.

ScheduleInfringement notice offences and prescribed amounts

regulation 4

Provision	Prescribed amount in penalty units
section 11(5) of Act	3
section 11(6) of Act	3

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Control of Roads (Infringement Notice) Regulations (SL No. 21, 2011)
Notified	18 May 2011
Commenced	31 May 2011 (r 2, s 2 Control of Roads Amendment Act 2011 (Act No. 4, 2011) and Gaz S26, 30 May 2011)

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 6