Emergency Management Amendment Regulations (No. 2) 2020 (WA)

3 April 2020 GOVERNMENT GAZETTE, WA 867

Emergency Management Act 2005

Emergency Management Amendment

Regulations (No. 2) 2020

SL 2020/31

Made by the Governor in Executive Council.

1.   Citation

These regulations are the Emergency Management Amendment

Regulations (No. 2) 2020.

2.   Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3. Regulations amended

Regulations 2006.

These regulations amend the Emergency Management

868 GOVERNMENT GAZETTE, WA 3 April 2020

Emergency Management Amendment Regulations (No. 2) 2020

r. 4

4. Part 6 inserted
After regulation 32 insert:

Part 6 - infringement notices

33.          Prescribed offence and modified penalty

(1)	The offence under section 86(1) of the Act is prescribed as an offence for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.
(2)	For the purposes of the Criminal Procedure Act 2004 section 5(3), the modified penalty for the offence is -

(a)	if the alleged offender is an individual - $1000; or
(b)	if the alleged offender is a body corporate - $5 000.

34.          Approved officers and authorised officers

(1)	The State Emergency Coordinator may, in writing, appoint persons, or classes of persons, to be approved officers for the purposes of the Criminal Procedure Act 2004 Part 2 in relation to infringement notices
issued under that Part for the offence prescribed under
regulation 33(1).
(2)	The State Emergency Coordinator may, in writing, appoint police officers, or classes of police officers, to be authorised officers for the purposes of the Criminal Procedure Act 2004 Part 2 in relation to infringement notices issued under that Part for the offence prescribed under regulation 33(1).

3 April 2020 GOVERNMENT GAZETTE, WA

Emergency Management Amendment Regulations (No. 2) 2020

r. 5

(3)	A police officer who is appointed to be an authorised officer may show that the officer is authorised to issue infringement notices for the offence prescribed under regulation 33(1) by showing the officer's Certificate of Authority (as defined in the Police Force
Regulations 1979 regulation 901A).

35.          Forms

For the purposes of the Criminal Procedure Act 2004 Part 2, the forms set out in Schedule 1 are prescribed.

5. Schedule I inserted
At the end of the regulations insert:

Schedule 1 - Forms

[r.35]

Form 1 Infringement notice

Infringement notice

Emergency Management Act 2005

To:	Infringement no.
Address:	Date of notice Modified penalty

Due date

Part A: Offence details

Alleged offender:

Alleged offence:	Failure to comply with a direction
Emergency Management Act 2005 s. 86(1)
Location:

Offence date:	Offence time:	Modified penalty:
Issuing officer:

7() GOVERNMENT GAZETTE, WA 3 April 2020

Emergency Management Amendment Regulations (No. 2) 2020

r. 5

Part B: Take notice

If you do not want to be prosecuted in court for the offence, pay the modified
penalty using one of the options shown in Part C below within 28 days after
the date of this notice.

It is alleged you have committed the above offence. return the election in Part D below within 28 days after the date of this notice.

If you do not pay the modified penalty within 28 days after the date of this notice, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following actions may be taken - your driver's licence may be suspended; your vehicle licence may be suspended or cancelled; your details may be published on a website; your vehicle may be immobilised or have its number plates removed; your property may be seized and sold.

Part C: Payment slip

Cheques and money orders are to be made payable to [insert details]. Do not send cash in the mail.	If paying by post, send this slip with your payment to: [insert details]. part-payments will be accepted.
Infringement no.	Online and phone payment options

[insert details for paying online or by

Due date	telephone]
Amount due
3 April 2020	GOVERNMENT GAZETTE, WA	71

Emergency Management Amendment Regulations (No. 2) 2020

r. 5

Part D: Court election

I, of elect to have this

matter dealt with by a court. I understand I may receive a summons in due

course.

Signature:	Date:
Email:	Phone no:

Once you have completed the details above, return this form within 28 days after the date of this notice, using one of the following options:

[insert options]

Form 2 - Withdrawal of infringement notice

Emergency Management Act 2005	Withdrawal no.
Withdrawal of infringement notice

Alleged offender	Name
Address
Details of	Infringement

infringement	no.
notice	Date of issue
Alleged offence	Emergency Management Act 2005 s. 86(1)
Date
Location
Details of offence

72 GOVERNMENT GAZETTE, WA 3 April 2020

Emergency Management Amendment Regulations (No. 2) 2020

r. 5

Approved	Name
Officer
withdrawing	Office
notice	Signature
Date	Date of withdrawal
Withdrawal of	The above infringement notice issued against you ftr ihc
infringement	above alleged offence has been withdrawn.
notice	If you have already paid the modified penalty for the

[*Delete	whichever	alleged offence, you are entitled to a refund.
is not applicable]	*	Your refund is enclosed.
or
*	If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to:
Approved Officer - Emergency Management Act 2005
[Insert address]

Your signature Date

N. HAGLEY, Clerk of the Executive Council.