CONTROL OF ROADS (INFRINGEMENT NOTICE) REGULATIONS 2011

NORTHERN TERRITORY OF AUSTRALIA CONTROL OF ROADS (INFRINGEMENT NOTICE) REGULATIONS 2011 As in force at 31 May 2011 Table of provisions 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 Infringement notice offence and prescribed amount payable .......... 1 5 When infringement notice may be given .......................................... 2 6 Contents of infringement notice ....................................................... 2 7 Payment by cheque ......................................................................... 3 8 Withdrawal of infringement notice.................................................... 3 9 Application of Part ........................................................................... 3 Schedule Infringement notice offences and prescribed amounts ENDNOTES -- 1 of 7 -- -- 2 of 7 -- 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 1 Citation These Regulations may be cited as the Control of Roads (Infringement Notice) Regulations 2011. 2 Commencement These Regulations commence on the commencement of the Control of Roads Amendment Act 2011. 3 Definitions 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). 4 Infringement 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. -- 3 of 7 -- Control of Roads (Infringement Notice) Regulations 2011 2 5 When infringement notice may be given 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. 6 Contents 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; -- 4 of 7 -- Control of Roads (Infringement Notice) Regulations 2011 3 (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). 7 Payment 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. 8 Withdrawal 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. 9 Application 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. -- 5 of 7 -- Schedule Infringement notice offences and prescribed amounts Control of Roads (Infringement Notice) Regulations 2011 4 Schedule Infringement 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 -- 6 of 7 -- ENDNOTES Control of Roads (Infringement Notice) Regulations 2011 5 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 -- 7 of 7 --