Property, Stock and Business Agents Amendment (Penalty Notices) Act 1998 (NSW)
New South Wales
Property, Stock and Business Agents
Amendment (Penalty Notices) Act
1998 No 59
Contents
Page
| 1 Name of Act | 2 |
| 2 Commencement | 2 |
3 Amendment of Property, Stock and Business Agents
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| 4 |
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Schedules
1 Amendment of Property, Stock and Business Agents
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| 2 |
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New South Wales
Property, Stock and Business Agents
Amendment (Penalty Notices) Act
1998 No 59
Act No 59, 1998
An Act to amend the Property, Stock and Business Agents Act 1941 in relation to the issuing of penalty notices for certain offences; and to make a consequential amendment to the Fines Act 1996. [Assented to 30 June 1998]
| Section 1 | Property, Stock and Business Agents Amendment (Penalty Notices) Act 1998 No 59 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Property, Stock and Business Agents Amendment
(Penalty Notices) Act 1998.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Property, Stock and Business Agents Act 1941 No 28
The Property, Stock and Business Agents Act 1941 is amended as set out in Schedule 1.
4 Consequential amendment of Fines Act 1996 No 99
The Fines Act 1996 is amended as set out in Schedule 2.
Property, Stock and Business Agents Amendment (Penalty Notices) Act 1998 No 59
| Amendment of Property, Stock and Business Agents Act 1941 | Schedule 1 |
| Schedule 1 | Amendment of Property, Stock and Business Agents Act 1941 |
(Section 3)
Section 86C
Insert after section 86B:
86C Penalty notices
An authorised officer may serve a penalty notice on a
| person | i f : |
(a) it appears to the officer that the person has
an offence against this Act or the
regulations, and
| (b) | the regulations prescribe the offence as being one for which a penalty notice may be issued. |
A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay, within the time and to the person specified in the notice, the penalty prescribed by the regulations for the offence if dealt with under this section.
A penalty notice may be served personally or by post.
If the amount of the penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.
Payment under this section is not an admission of liability for the purposes of. and does not affect or prejudice, any civil claim. action or proceeding arising out of the same occurrence.
The regulations may:
| (a) | prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and |
Property, Stock and Business Agents Amendment (Penalty Notices) Act 1998 No 59
| Schedule 1 | Amendment of Property, Stock and Business Agents Act 1941 |
| (b) | prescribe the amount of penalty for an offence if dealt with under this section, and |
| (c) | prescribe different amounts of penalty for different offences or classes of offences. |
The amount of penalty prescribed under this section for an offence may not exceed the maximum amount of penalty that could be imposed for the offence by a court.
This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
In this section, authorised officer means the
Director-General, or a person authorised in writing by the Director-General as an authorised officer for the purposes of this section.
Property, Stock and Business Agents Amendment (Penalty Notices) Act 1998 NO 59
| Consequential amendment of Fines Act 1996 | Schedule 2 |
| Schedule 2 | Consequential amendment of Fines Act 1996 |
(Section 4)
Schedule 1 Statutory provisions under which penalty notices issued
Insert in alphabetical order:
Property, Stock and Business Agents Act 1941, section 86C
[Minister's second reading speech made in—
Legislative Assembly on 29 April 1998
Legislative Council on 3 June 1998]
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