PRIVATE SECURITY (MISCELLANEOUS MATTERS) REGULATIONS 2006

NORTHERN TERRITORY OF AUSTRALIA PRIVATE SECURITY (MISCELLANEOUS MATTERS) REGULATIONS 2006 As in force at 14 April 2020 TABLE OF PROVISIONS Part 1 Preliminary matters 1 Citation ............................................................................................ 1 Part 3 Infringement notices 3 When infringement notice may be served ....................................... 1 4 Prescribed amount .......................................................................... 1 5 Form of infringement notice ............................................................. 1 6 Expiation of offence ......................................................................... 2 7 Withdrawal of infringement notice.................................................... 2 8 How service effected ....................................................................... 2 9 General ............................................................................................ 2 Schedule 2 Infringement notices prescribed offences and amounts ENDNOTES -- 1 of 8 -- -- 2 of 8 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 14 April 2020 ____________________ PRIVATE SECURITY (MISCELLANEOUS MATTERS) REGULATIONS 2006 Regulations under the Private Security Act 1995 Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Private Security (Miscellaneous Matters) Regulations 2006. Part 3 Infringement notices 3 When infringement notice may be served (1) If an authorised officer believes that a person has committed an offence against a provision of the Act or Regulations specified in column 1 of Schedule 2, the inspector may serve an infringement notice on the person. (2) In subregulation (1): authorised officer means a person appointed as an inspector under section 35 of the Act. 4 Prescribed amount The prescribed amount that may be paid, instead of the penalty that may otherwise be imposed for an offence against a provision of the Act or Regulations specified in column 1 of Schedule 2 is the amount specified opposite in column 2 of Schedule 2. 5 Form of infringement notice An infringement notice is a notice to the effect that: (a) an offence is alleged to have been committed against the Act or Regulations; and -- 3 of 8 -- Part 3 Infringement notices Private Security (Miscellaneous Matters) Regulations 2006 2 (b) if the penalty amount indicated is paid within the time and at the place specified, the alleged offence is expiated and no person is liable for any further proceedings in the matter; and (c) the person served with the infringement notice can elect to have the matter dealt with by a court by serving written notice in accordance with the directions given on the infringement notice. 6 Expiation of offence (1) If an alleged offender pays the prescribed amount specified in an infringement notice in accordance with the notice, the alleged offender is taken to have expiated the offence and no further proceedings are to be taken in respect of the offence. (2) If an alleged offender tenders a cheque in payment of a prescribed amount, the amount is not taken to have been paid unless the cheque is cleared. 7 Withdrawal of infringement notice An infringement notice may be withdrawn at any time within 28 days after it is served, but before payment of the prescribed amount specified in the infringement notice, if the Director serves on the alleged offender a notice stating that the infringement notice is withdrawn. 8 How service effected Service of an infringement notice or a notice of withdrawal of an infringement notice is effected: (a) by serving it personally on the alleged offender; or (b) by posting it to the alleged offender at his or her last known address; or (c) by leaving it for the alleged offender at his or her last known place of residence or business with a person apparently resident or employed there and apparently not less than 16 years of age. 9 General These Regulations: (a) do not prevent more than one infringement notice for the same offence being served on an alleged offender, but it is sufficient for the application of regulation 6 to an alleged offender on -- 4 of 8 -- Part 3 Infringement notices Private Security (Miscellaneous Matters) Regulations 2006 3 whom more than one infringement notice has been served for the alleged offender to pay the prescribed amount in accordance with any one of those notices; and (b) do not limit the penalty that may be imposed by a court, for an offence; and (c) do not require an infringement notice to be served and do not affect the liability of a person to be prosecuted in a court for an offence in respect of which an infringement notice has not been served. -- 5 of 8 -- Schedule 2 Infringement notices prescribed offences and amounts Private Security (Miscellaneous Matters) Regulations 2006 4 Schedule 2 Infringement notices prescribed offences and amounts regulations 3 and 4 Column 1 Offence Provision Column 2 Prescribed Amount Part A – Offences against Act Sections 22, 28 and 29 2 penalty units Section 56(1) 5 penalty units Part B – Offences against Private Security (Crowd Controllers) Regulations 1996 Regulation 10(1)(a) and (b) 5 penalty units Regulation 10(1)(c) and (3) 2 penalty units Regulation 10(2) 1 penalty unit Part C – Offences against Private Security (Security Officers) Regulations 1998 Regulation 7(1)(a) and (b) 5 penalty units Regulation 7(1)(c) and (3) 2 penalty units Regulation 7(2) 1 penalty unit Part D – Offences against Private Security (Security Firms) Regulations 1998 Regulation 6(1) 5 penalty units Regulation 6(2) 2 penalty units Regulation 6(3) 5 penalty units -- 6 of 8 -- ENDNOTES Private Security (Miscellaneous Matters) Regulations 2006 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 Private Security (Miscellaneous Matters) Regulations (SL No. 5, 2006) Notified 15 February 2006 Commenced 15 February 2006 Statute Law Revision Act 2007 (Act No. 4, 2007) Assent date 8 March 2007 Commenced 8 March 2007 Criminal Code Amendment (Identity Crime) Act 2014 (Act No. 9, 2014) Assent date 16 April 2014 Commenced 1 July 2014 (Gaz S52, 1 July 2014) Licensing (Repeals and Consequential Amendments) Act 2014 (Act No. 44, 2014) Assent date 5 December 2014 Commenced 1 January 2015 (Gaz S130, 19 December 2014, p 2) Licensing (Director-General) Repeal Act 2020 (Act No. 4, 2020) Assent date 9 March 2020 Commenced 14 April 2020 (Gaz G13, 1 April 2020, p 2) 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: r 1 and sch 2. 4 LIST OF AMENDMENTS pt 2 hdg rep Act No. 44, 2014, s 145 r 2 rep Act No. 44, 2014, s 145 r 4 amd Act No. 44, 2014, s 145 -- 7 of 8 -- ENDNOTES Private Security (Miscellaneous Matters) Regulations 2006 6 r 7 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 sch amd Act No. 4, 2007, s 2; Act No. 9, 2014, s 15 rep Act No. 44, 2014, s 145 -- 8 of 8 --