SUMMARY OFFENCES REGULATIONS 1994

NORTHERN TERRITORY OF AUSTRALIA SUMMARY OFFENCES REGULATIONS 1994 As in force at 25 March 2024 Table of provisions 1 Citation ............................................................................................ 1 2 Definitions ........................................................................................ 1 3 Service of infringement notice ......................................................... 1 4 Particulars to be shown in infringement notice ................................ 1 4A Penalty ............................................................................................ 2 6 Payment before expiry date of infringement notice ......................... 2 7 General ............................................................................................ 3 9 Prescribed offences ......................................................................... 3 10 Review of decision to give notice..................................................... 4 ENDNOTES -- 1 of 8 -- -- 2 of 8 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 25 March 2024 ____________________ SUMMARY OFFENCES REGULATIONS 1994 Regulations under the Summary Offences Act 1923 1 Citation These Regulations may be cited as the Summary Offences Regulations 1994. 2 Definitions In these Regulations, unless the contrary intention appears, infringement notice means a notice issued under regulation 3. 3 Service of infringement notice Where a member believes a person has contravened or failed to comply with section 47, 53(1)(a) or (7), 53A(2), 53B(3), 55, 65AA, 65A, 66(1)(a), 76, 78, 82(1), (2) or (3), or 85 of the Act, the member may serve an infringement notice on the person by: (a) personally handing it to the person; (b) posting it to the person at the person's last known postal address, place of residence or business; or (c) leaving it for the person at the person's last known place of residence or business with some other person apparently resident or employed there and apparently not less than 16 years of age. 4 Particulars to be shown in infringement notice (1) An infringement notice shall have clearly shown on it: (a) the date, time and place of the offence; (b) the nature of the offence or offences and the penalty or penalties payable; (c) the place or places at which a penalty may be paid; -- 3 of 8 -- Summary Offences Regulations 1994 2 (d) the date of the infringement notice and a statement that the penalty may be paid within 28 days after that date; (f) a statement to the effect that, if the appropriate amount specified in the infringement notice as the penalty for the offence is tendered at the place referred to in the notice within the time specified in the notice, no further action will be taken; and (g) such other particulars and instructions as the Commissioner may approve. 4A Penalty The penalty payable under these Regulations in lieu of the penalty that may otherwise be imposed in respect of an offence in respect of which an infringement notice has been served is: (a) for an alleged offence under section 53(1)(a), 65AA, 65A, 66(1)(a), 76, 78, 82(1) to (3) or 85 of the Act – $144; or (b) for an alleged offence under section 53(7) of the Act – $288; or (c) for an alleged offence under section 47 or 55 of the Act – $432; or (d) for an alleged offence under section 53A(2) or 53B(3) of the Act – $576. 6 Payment before expiry date of infringement notice (1) Subject to regulation 7, where, before the expiration of the period specified in an infringement notice for the payment of a penalty, the amount of the penalty shown on the notice is paid at a place specified in the notice, the person to whom the infringement notice was issued shall be deemed to have expiated the offence by payment of the penalty and no further proceedings shall be taken in relation to the offence, unless the notice is, in accordance with regulation 5, withdrawn. (2) Where a person tenders a cheque in payment of a penalty under this regulation at, or sends it by post to, a place specified in an infringement notice as a place where the penalty may be paid, payment shall be deemed not to be made unless the cheque is honoured on presentation. -- 4 of 8 -- Summary Offences Regulations 1994 3 7 General Nothing in these Regulations: (a) prevents the service of more than one infringement notice in relation to the same offence but it is sufficient for the application of regulation 6 to a person on whom more than one such notice has been served for that person to pay the amount of the penalty in accordance with any one notice so served on that person; (b) prejudices or affects (except as provided by regulation 6) the institution or prosecution of proceedings, or limits the amount of the fine that may be imposed by a court, in relation to an offence; or (c) shall be construed as requiring the serving of an infringement notice or as affecting the liability of a person to be prosecuted in a court in relation to an offence in respect of which an infringement notice has not been served. 9 Prescribed offences An offence against any of the following provisions is prescribed for section 55A(10)(a) of the Act: Criminal Code sections 54, 55, 66, 73, 125B, 125D, 156, 160, 165, 176, 177, 193B, 202B, 202C, 202D, 208JA, 208JC, 208JD, 208JE, 208JF, 208JG, 208JI, 218, 220, 221, 228, 229, 231B and 231C sections 162 and 163 as in force immediately before the commencement of the Criminal Code Amendment (Criminal Responsibility Reform) Act 2005 sections 211, 212 and 213 as in force immediately before the commencement of section 10 of the Criminal Code Amendment (Property Offences) Act 2022 sections 125E, 131A and 132 as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 Firearms Act 1997 sections 61, 61A and 63A -- 5 of 8 -- Summary Offences Regulations 1994 4 Misuse of Drugs Act 1990 Part II, Division 1 and section 11Y(1) 10 Review of decision to give notice (1) A person who is given a notice under section 55A(1) of the Act may apply to the Local Court for a review of the notice. (2) The applicant must do so within: (a) 21 days after receiving the notice; or (b) a longer period allowed by the Court. (3) Subject to any order made by the Court, the application stays the operation of the notice until the application is decided. (4) The Commissioner is a party to the proceedings for the review. (5) The Court may: (a) conduct the review in any way it considers appropriate; and (b) after considering evidence and representations brought before the Court: (i) amend or revoke the notice if the Court considers it appropriate to do so; or (ii) otherwise – refuse the application. (6) In conducting the review, the Court must consider the matter afresh and is not bound by anything considered by the Commissioner. (7) Without limiting subregulation (6), the Court may: (a) admit evidence that was not considered by the Commissioner in giving the notice; and (b) refuse to admit evidence that was considered by the Commissioner in giving the notice. (8) If another person specified in the notice has also been given a notice under section 55A(1) of the Act, the Court may amend or revoke that other notice if the Court considers it appropriate to do so. (9) The Commissioner cannot be compelled to give evidence relating to the giving of the notice or the basis on which the notice was given. -- 6 of 8 -- ENDNOTES Summary Offences Regulations 1994 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 Summary Offences Regulations (SL No. 51, 1994) Notified 16 December 1994 Commenced 16 December 1994 Amendment of Summary Offences Regulations (SL No. 6, 1996) Notified 14 February 1996 Commenced 26 February 1996 (r 1, s 2 Summary Offences Amendment Act 1995 (Act No. 61, 1995) and Gaz G7, 14 February 1996, p 3) Amendments of Summary Offences Regulations (SL No. 13, 1996) Notified 10 April 1996 Commenced 10 April 1996 Amendments of Summary Offences Regulations (SL No. 53, 1996) Notified 29 November 1996 Commenced 1 December 1996 (r 1, s 2 Summary Offences Amendment Act (No. 3)1996 (Act No. 46, 1996) and Gaz G48, 27 November 1996, p 2) Amendment of Summary Offences Regulations (SL No. 2, 1997) Notified 5 March 1997 Commenced 5 March 1997 Summary Offences Amendment Regulations 2007 (SL No. 5, 2007) Notified 21 March 2007 Commenced 21 March 2007 Liquor and Other Legislation Amendment Act 2012 (Act No. 18, 2012) Assent date 22 May 2012 Commenced pts 1 to 3, ss 15 and 29 and pts 5 and 6: 30 May 2012 (Gaz S25, 30 May 2012); rem: 27 July 2012 (Gaz S39, 24 July 2012) -- 7 of 8 -- ENDNOTES Summary Offences Regulations 1994 6 Summary Offences Amendment Regulations 2014 (SL No. 13, 2014) Notified 21 May 2014 Commenced 21 May 2014 Justice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17, 2016) Assent date 8 June 2016 Commenced s 17 (to ext ins new s 15): 10 October 2016; rem: 18 July 2016 (Gaz S67, 18 July 2016) Criminal Code Amendment (Property Offences) Act 2022 (Act No. 24, 2022) Assent date 31 October 2022 Commenced 30 April 2023 (Gaz G8, 13 April 2023, p 1) Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023) Assent date 17 August 2023 Commenced 25 March 2024 (Gaz S20, 22 March 2024) 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 9 . 4 LIST OF AMENDMENTS r 3 amd No. 13, 1996, r 1; No. 53, 1996, r 2; Act No. 18, 2012, s 33; No. 13, 2014, r 3 r 4 amd No. 13, 1996, r 2 r 4A ins No. 13, 1996, r 3 amd No. 53, 1996, r 3; No. 13, 2014, r 4 r 5 rep No. 13, 1996, r 4 r 7 amd No. 13, 1996, r 5 r 8 ins No. 6, 1996, r 2 rep Act No. 18, 2012, s 34 r 9 ins No. 5, 2007, r 3 amd Act No. 17, 2016, s 46; Act No. 24, 2022, s 35; Act No. 20, 2023, s 54 r 10 ins No. 5, 2007, r 3 sch ins No. 6, 1996, r 2 amd No. 2, 1997 rep Act No. 18, 2012, s 35 -- 8 of 8 --