Noxious Weeds Act 1995 Regulation relating to penalty notices (1995-342) [GG No 97 of 11.8.1995] (NSW)

1995—No. 342

NOXIOUS WEEDS ACT 1993—REGULATION

(Relating to penalty notices)

NEW SOUTH WALES

[Published in Gazette No. 97 of 11 August 1995]

H I S Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Noxious Weeds Act 1993, has been pleased to make the Regulation set forth hereunder.

R. S. Amery
Minister for Agriculture.

The Noxious Weeds Regulation 1993 is amended by inserting after clause 3 the following clause:

Penalty notices

4. For the purposes of section 63 of the Noxious Weeds Act

1993 (Penalty notices for certain offences):

(a) offences under sections 12, 15, 19, 23 (l), 27 (4), 28, 29,

30 (l), 31 (1) and (3), 32, 54 and 55 are prescribed; and

(b) the prescribed mount of penalty for an offence referred to

in paragraph (a) dealt with under section 63 is 2 penalty

units.

EXPLANATORY NOTE

Section 63 of the Noxious Weeds Act 1993 (“the Act”) allows an inspector or authorised officer to serve a penalty notice on a person who is alleged to have committed an offence if the offence is prescribed under the Noxious Weeds Regulation 1993. The person can then elect to pay the prescribed penalty instead of having the matter dealt with by a court.

The object of this Regulation is to prescribe all offences against the Act as offences

in respect of which a penalty notice may be served, and to specify that the amount of

penalty payable under the penalty notice is 2 penalty units.

1995—No. 342

This Regulation i s made under the Noxious Weeds Act 1993, including sections 63

(5) and 73 (the general regulation making power).