An Act to repeal certain Acts and to amend certain other Acts and instruments in various respects and for the purpose of effecting statute law revision; and to make certain savings.
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act 2017.
2 Commencement
(1) This Act commences 7 days after the date of assent to this Act, except as provided by this section.(2) The amendments made by Schedule 1 to this Act commence on the day or days specified in that Schedule in relation to the amendments concerned. If a commencement day is not specified, the amendments commence in accordance with subsection (1).(3) Schedules 2 and 3 commence on 7 July 2017.(4) Schedule 6 commences on the date of assent to this Act.
3 Explanatory notes
The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.
Schedule 1 Minor amendments
1.1–1.21
(Repealed)[1] Whole Act (except where otherwise amended by this Subschedule)
Omit “RMS” wherever occurring. Insert instead “the Secretary”.
[2] Section 3 Definitions
Omit the definitions of and RMS from section 3 (1).Insert in alphabetical order:means a person employed in the Public Service or the Transport Service who is authorised in writing by the Secretary as an authorised officer for the purposes of this Act.Department means the Department of Finance, Services and Innovation.Secretary means the Secretary of the Department.
[3] Sections 16, 18 (1) and (6), 19, 21 (1), 24, 26 (1) and (3A), 27, 30 (1), 33 (1) (where firstly occurring) and (4) (where firstly occurring), 34 (1) (where firstly occurring) and (5) (where firstly occurring), 35 (1), (2) (where firstly occurring) and (5), 37 (2) (where firstly and secondly occurring), 39 (1) and (4), 41 (6), 42 (1) (where firstly occurring) and (2) (where firstly occurring), 43 (2A) and (6), 77, 78 (1) (where firstly occurring), 80 (1), 84, 90 (3), 92 (where firstly occurring), 95 (1) (where firstly occurring) and 96
Omit “RMS” wherever occurring. Insert instead “The Secretary”.
[4] Part 2 Functions of RMS in relation to tow truck industry
Omit the Part.
[5] Section 33 Investigation of application for licence or drivers certificate
Omit “enable it” from section 33 (1). Insert instead “enable the Secretary”.
[6] Section 38 Duplicate licence or drivers certificate
Omit “it may”. Insert instead “the Secretary may”.
[7] Section 39 Register of licences and drivers certificates
Omit “it determines” from section 39 (1). Insert instead “the Secretary determines”.
[8] Part 3, Division 4, heading
Omit “RMS”. Insert instead “Secretary”.
[9] Section 41 Disciplinary action
Omit “, in its administrative capacity,” from section 41 (1).
[10] Section 43 Procedure for implementing disciplinary action
Omit “RMS’s” from section 43 (2). Insert instead “the Secretary’s”.
[11] Section 57 Tow Truck number-plates
Omit “RMS may issue distinctive number-plates for tow trucks that are” from section 57 (1).Insert instead “Roads and Maritime Services may issue distinctive number-plates for tow trucks that are, according to the advice of the Secretary,”.
[12] Section 80 Inquiries
Omit “it may” from section 80 (3). Insert instead “the Secretary may”.
[13] Section 92 Investment of money in Fund
Omit “RMS” from section 92 (b). Insert instead “the Department”.
[14] Section 93
Insert after section 92:93 Delegation by Secretary(1) The Secretary may delegate to an authorised delegate any of the Secretary’s functions under this Act or the regulations, other than this power of delegation.(2) A delegate may sub-delegate to another authorised delegate any of the functions delegated by the Secretary if the delegate is authorised in writing to do so by the Secretary.(3) In this section:means:(a) any person employed in the Department, or(b) any person, or any person belonging to a class of persons, prescribed by the regulations.
[15] Section 101 Evidence
Omit “Chief Executive of RMS, or by a member of staff of RMS authorised by the Chief Executive” from section 101 (2).Insert instead “Secretary, or by an employee of the Department authorised by the Secretary”.
[16] Section 102 Service of documents
Omit section 102 (3).
[17] Section 102 (4)
Omit “or RMS”.
[18] Section 105 Regulations
Omit “made or information supplied by RMS” from section 105 (2) (i).Insert instead “required or information supplied by the Secretary”.
[19] Section 107 Repeals
Omit the section.
[20] Section 2 Savings and transitional provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering:Part Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2017Existing authorised officers(1) A person who was, immediately before the commencement of this clause, authorised by Roads and Maritime Services as an authorised officer, is taken to have been authorised by the Secretary as an authorised officer.(2) An identification card issued to the person by Roads and Maritime Services under section 98 is taken to be an identification card issued by the Secretary.
Commencement
The amendments to the Tow Truck Industry Act 1998 commence on 1 July 2017.
Explanatory note
Items [1]–[3], [6], [7] and [12] of the proposed amendments confer on the Secretary of the Department of Finance, Services and Innovation (the Department) functions under the Tow Truck Industry Act 1998 (the Act) that are currently conferred on Roads and Maritime Services. Item [2] also enables the Secretary to authorise any person employed in the Public Service or the Transport Service as an authorised officer for the purposes of the Act. Items [5], [8]–[11], [13], [15]–[18] and [20] make consequential amendments.
Item [14] enables the Secretary of the Department to delegate and authorise the sub-delegation of the functions of the Secretary under the Act.
Item [4] makes a consequential amendment to remove a provision conferring on Transport for NSW certain functions under the Act (including the determination of certain regulatory policy, the making of reports, the provision of information to the public and the undertaking of research with respect to the tow truck industry).
Item [19] omits a redundant provision.
[1] Whole Regulation (except where otherwise amended by this Subschedule)
Omit “RMS” wherever occurring. Insert instead “the Secretary”.
[2] Clauses 6 (2), 8 (1), 10 (2), 15 (2), 17 (1), 21, 25D (where firstly occurring), 25E (1) and (3), 25G, 25K, 33 (1), 36 (2), 46 (1) (where firstly occurring) and 54 (3) (where firstly occurring)
Omit “RMS” wherever occurring. Insert instead “The Secretary”.
[3] Clause 55 Exemption relating to interstate tow truck drivers and operators
Omit the note.
Commencement
The amendments to the Tow Truck Industry Regulation 2008 commence on 1 July 2017.
Explanatory note
The proposed amendments are consequent on the proposed amendments to the Tow Truck Industry Act 1998 in this Schedule.
[1] Section 3 Definitions
Omit paragraph (f) of the definition of transport legislation in section 3 (1).
[2] Section 78 Payments into RMS Fund
Omit section 78 (1) (b) (v).
Commencement
The amendments to the Transport Administration Act 1988 commence on 1 July 2017.
Explanatory note
The proposed amendments are consequent on the proposed amendments to the Tow Truck Industry Act 1998 in this Schedule.
Item [1] ensures that functions under or in connection with that Act are no longer conferred on Transport for NSW or Roads and Maritime Services.
Item [2] removes a redundant reference to money received by Roads and Maritime Services under that Act from a provision relating to the Roads and Maritime Services Fund.
1.25–1.33
(Repealed)sch 1: Am 1987 No 15, sec 30C.
Schedule 2 Amendments by way of statute law revision
Section 26 (1) and (2)
Omit “Australian Securities Commission” wherever occurring.Insert instead “Australian Securities and Investments Commission”.
Explanatory note
The proposed amendment updates references to a renamed Commonwealth agency.
Sections 4 (1) (definition of “racecourse”), 12 (1) (paragraph (c) of the definition of “transferable regulatory authorisations”) and 40
Omit “Racing Administration Act 1998” wherever occurring.Insert instead “Betting and Racing Act 1998”.
Explanatory note
The proposed amendment updates references to a renamed Act.
[1] Clause 3 (2)
Insert at the end of clause 3:(2) Notes included in this Order do not form part of this Order.
[2] Clause 4 (2)
Omit “Schedule 1 of” wherever occurring. Insert instead “Schedule 1 to”.
[3] Clause 4 (4)
Renumber paragraph (g) as paragraph (f).
Explanatory note
Item [1] of the proposed amendments clarifies the status of notes. Item [2] corrects a reference. Item [3] corrects numbering.
Section 25
Omit “Australian Securities Commission”.Insert instead “Australian Securities and Investments Commission”.
Explanatory note
The proposed amendment updates a reference to a renamed Commonwealth agency.
Section 54 (1)
Insert “,” after “fee”.
Explanatory note
The proposed amendment inserts missing punctuation.
Section 48W (n)
Omit “the the”. Insert instead “the”.
Explanatory note
The proposed amendment omits a duplicated word.
[1] Sections 65 (9), 81 and 85 (1) (b)
Insert “(New Homes)” after “First Home Owner Grant” wherever occurring.
[2] Schedule 2
Omit “Sydney Harbour Foreshore Authority”. Insert instead “Place Management NSW”.
Explanatory note
Item [1] of the proposed amendments updates references to a renamed Act. Item [2] updates a reference to a renamed statutory body.
[1] Schedule 1, clause 5 (2)
Omit “25 cents”. Insert instead “56 cents”.
[2] Schedule 1, clause 5 (2)
Omit “0.01 cent” wherever occurring. Insert instead “$0.01”.
Explanatory note
Item [1] of the proposed amendments corrects a reference to an amount adjusted for inflation. Item [2] updates a reference to the rounding of an amount adjusted for inflation to reflect the practice of rounding off to a whole cent (rather than a fraction of a cent).
Section 3, paragraph (b) of definition of “associated electricity network land”
Omit “Government Property NSW”. Insert instead “Property NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed statutory body.
Schedule 1 [1], proposed section 60E (4) (g)
Insert “of” after “holder”.
Explanatory note
The proposed amendment inserts a missing word.
2.11 Fines Act 1996 No 99
Section 117A (1) (a2) (i)
Insert “(New Homes)” after “First Home Owner Grant”.
Explanatory note
The proposed amendment updates a reference to a renamed Act.
Section 44, definition of “State Revenue Commissioner”
Omit “—means”. Insert instead “means”.
Explanatory note
The proposed amendment omits redundant punctuation.
Clause 4.1AA
Renumber clause 4.1AA (4) as clause 4.1AA (3A).
Explanatory note
The proposed amendment corrects numbering.
Section 7 (2)
Omit “Racing Administration Act 1998”. Insert instead “Betting and Racing Act 1998”.
Explanatory note
The proposed amendment updates a reference to a renamed Act.
Land Use Table, Zone RU1, item 1
Omit “eco tourism”. Insert instead “eco-tourism”.
Explanatory note
The proposed amendment corrects terminology.
Schedule 5, item I249
Omit “and Lot 16”. Insert instead “; Lot 16”.
Explanatory note
The proposed amendment corrects punctuation.
[1] Section 4 (2), paragraph (a) of definition of “authorised qualification”
Omit “(WRH30100) Certificate”. Insert instead “Certificate”.
[2] Section 4 (2), definition of “registered training organisation”
Insert instead “National Vocational Education and Training Regulator Act 2011 of the Commonwealth”.
Explanatory note
Item [1] of the proposed amendments removes a reference to an obsolete course code. Item [2] updates a reference to an Act.
Sections 3 (1) (definition of “harness racing meeting”) and 19 (9) (definition of “racecourse licensed for harness racing”)
Omit “Racing Administration Act 1998” wherever occurring.Insert instead “Betting and Racing Act 1998”.
Explanatory note
The proposed amendment updates references to a renamed Act.
Section 5
Insert at the end of the section:Note—See the Narcotic Drugs Act 1967 of the Commonwealth for provisions relating to the regulation of the cultivation of cannabis (including low-THC hemp) for medicinal and related scientific purposes.
Explanatory note
The proposed amendment inserts a note referring to a Commonwealth Act that provides for the regulation of the cultivation of cannabis for medicinal and related scientific purposes.
Section 35 (4A)
Omit “the the”. Insert instead “the”.
Explanatory note
The proposed amendment omits a duplicated word.
Schedule 5, Part 1, item 41
Omit “Almora Close 180”. Insert instead “Almora Close, 180”.
Explanatory note
The proposed amendment inserts missing punctuation.
Section 4 (2) (b)
Omit “Public Works Act 1912”. Insert instead “Public Works and Procurement Act 1912”.
Explanatory note
The proposed amendment updates a reference to a renamed Act.
[1] Section 10 (1) (b)
Insert instead “Rice Marketing Act 1983”.
[2] Section 10CA Taxation of land owned by Place Management NSW
Omit “the Sydney Harbour Foreshore Authority” wherever occurring in section 10CA (1).Insert instead “Place Management NSW”.
Explanatory note
Item [1] of the proposed amendments updates a reference to a renamed Act. Item [2] updates references to a renamed statutory body.
Section 36 (6) (a)
Omit “Racing Administration Act 1998”. Insert instead “Betting and Racing Act 1998”.
Explanatory note
The proposed amendment updates a reference to a renamed Act.
Clause 26 (2)
Omit “with 20 kms”. Insert instead “within 20 km”.
Explanatory note
The proposed amendment corrects typographical errors.
Section 650A (2) (c)
Omit “free”.
Explanatory note
The proposed amendment removes a redundant word.
Clause 419 (1) (b)
Omit “clause 121 (3A)”. Insert instead “clause 121 (3)”.
Explanatory note
The proposed amendment corrects a cross-reference.
Section 13 (1AB) and (1AC)
Omit “Public Works Act 1912” wherever occurring.Insert instead “Public Works and Procurement Act 1912”.
Explanatory note
The proposed amendment updates references to a renamed Act.
Land Use Table, Zone R5, item 2
Omit “childcare”. Insert instead “child care”.
Explanatory note
The proposed amendment corrects terminology.
Schedule 2, clause 7 (1) and (2)
Omit “transferor” wherever occurring. Insert instead “transferee”.
Explanatory note
The proposed amendment corrects references.
Schedule 1
Omit the following:
Explanatory note
The proposed amendment updates references to the titles of certain recognised office holders under the Parliamentary Remuneration Act 1989 in line with a resolution of the Legislative Council to rename certain committees of the Council.
Clause 3
Insert at the end of the clause:(2) Notes included in this Regulation do not form part of this Regulation.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 17 (2) and (3)
Omit “Public Works Act 1912” wherever occurring.Insert instead “Public Works and Procurement Act 1912”.
Explanatory note
The proposed amendment updates references to a renamed Act.
Section 3, paragraph (b) of definition of “associated port land”
Omit “State Property Authority”. Insert instead “Property NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed statutory body.
Dictionary, definition of “marine authority”
Omit “the Maritime Authority of NSW”. Insert instead “Roads and Maritime Services”.
Explanatory note
The proposed amendment updates a reference to a statutory body as a consequence of the Transport Legislation Amendment Act 2011.
Section 3
Insert at the end of the section:(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
[1] Clause 48B (2) (c)
Insert “of” after “74E”.
[2] Clause 78 (1), definition of “Interim Rail Link Corridor”
Omit paragraphs (b) and (c).
[3] Clause 78 (1), definition of “rail corridors map”
Omit paragraph (b).
[4] Clause 113, definition of “ancillary facilities”, paragraph (i)
Omit “anti climbing”. Insert instead “anti-climbing”.
[5] Clause 121 (3)
Omit “as defined by”. Insert instead “within the meaning of Schedule 1 to”.
Explanatory note
Item [1] of the proposed amendments inserts a missing word. Items [2] and [3] omit references relating to a proposed rail line, which have become redundant because the relevant rail line (the South West Rail Link) has been constructed. Item [4] inserts a missing hyphen. Item [5] corrects a cross-reference.
Section 4, definition of “SAA”
Omit the definition.
Explanatory note
The proposed amendment omits a redundant definition.
Clause 6.14 (5)
Omit “childcare centre”. Insert instead “child care centre”.
Explanatory note
The proposed amendment corrects terminology.
[1] Section 82 (b) (ii)
Insert “(New Homes)” after “First Home Owner Grant”.
[2] Section 82 (k) (ii)
Insert “Archives and” after “State”.
Explanatory note
Item [1] of the proposed amendments updates a reference to a renamed Act. Item [2] updates a reference to a renamed statutory body.
[1] Clause 17 (1) (a)
Omit “President”. Insert instead “Chief Executive Officer”.
[2] Clause 39 (4) (c)
Omit “office”. Insert instead “officer”.
Explanatory note
Item [1] of the proposed amendments updates a reference to an office holder. Item [2] corrects a typographical error.
Section 14A (9) (definitions of “meeting for horse racing” and “racecourse licensed for horse racing”)
Omit “Racing Administration Act 1998” wherever occurring.Insert instead “Betting and Racing Act 1998”.
Explanatory note
The proposed amendment updates references to a renamed Act.
Sections 5 (1) (definitions of “authorised betting auditorium” and “racecourse”), 12 (1) (b), 13 (2) (b), 14 (1) (b) and 15 (1) (b) and clauses 11 (5) (c) and 21 of Schedule 2
Omit “Racing Administration Act 1998” wherever occurring.Insert instead “Betting and Racing Act 1998”.
Explanatory note
The proposed amendment updates references to a renamed Act.
Sections 9 (2) (b) and 49
Omit “Racing Administration Act 1998” wherever occurring.Insert instead “Betting and Racing Act 1998”.
Explanatory note
The proposed amendment updates references to a renamed Act.
Schedule 3 Amendments consequent on enactment of Fines Amendment (Electronic Penalty Notices) Act 2016
Explanatory note
The proposed amendments in this Schedule update the provisions of various Acts providing for the issue of penalty notices consequent on the enactment of the Fines Amendment (Electronic Penalty Notices) Act 2016. That Act amended the Fines Act 1996 to consolidate and standardise provisions relating to penalty notices, including by transferring to the Fines Act 1996 the substance of provisions found in specific sections of other Acts providing for the issue of penalty notices. The proposed amendments remove provisions of those sections of certain other Acts that are now duplicated in the Fines Act 1996 and consolidate and standardise the remaining provisions of those sections (which provide for matters such as who may issue penalty notices, the offences for which penalty notices may be issued and the amount of penalty payable).
Section 64
Omit the section. Insert instead:64 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means:(a) an inspector, or(b) a person who is declared by the regulations to be an authorised officer for the purposes of this section or who belongs to a class of persons so declared.
Section 93
Omit the section. Insert instead:93 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 45
Omit the section. Insert instead:45 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a person authorised in writing by the Authority as an authorised officer for the purposes of this section.
Section 29
Omit the section. Insert instead:29 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a person employed in the Department who is authorised in writing by the Secretary as an authorised officer for the purposes of this section.
[1] Section 303
Omit the section. Insert instead:303 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
[2] Schedule 8 Amendment of other legislation
Omit Schedule 8.16.
Section 98
Omit the section. Insert instead:98 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means:(a) a police officer, and(b) in relation to an offence against a provision of Part 2 or regulations for that Part—a person who:(i) is employed by a council or subject to its control or direction, and(ii) is an authorised person (within the meaning of the Local Government Act 1993) for the purposes of section 679 (Penalty notices for certain offences) of that Act, and(c) in relation to an offence against a provision of Part 4 or regulations for that Part—an enforcement officer within the meaning of that Part, and(d) a person (or a person belonging to a class) prescribed by the regulations for the purposes of this paragraph.
Section 92
Omit the section. Insert instead:92 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a person authorised in writing by the Board as an authorised officer for the purposes of this section.
Section 111
Omit the section. Insert instead:111 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 259A
Omit the section. Insert instead:259A Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means:(a) a police officer, or(b) a person employed in the Department who is authorised in writing by the Secretary as an authorised officer for the purposes of this section, or(c) a person employed in the Office of the Children’s Guardian who is authorised in writing by the Children’s Guardian as an authorised officer for the purposes of this section.
Section 61A
Omit the section. Insert instead:61A Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section:means, in relation to a particular offence, a person belonging to a class of persons specified in the regulations in relation to that offence.
Section 28
Omit the section. Insert instead:28 Penalty notices(1) An authorised inspector may issue a penalty notice to a person if it appears to the inspector that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 92
Omit the section. Insert instead:92 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 158
Omit the section. Insert instead:158 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a person authorised in writing by the Secretary as an authorised officer for the purposes of this section.
Section 29
Omit the section. Insert instead:29 Penalty notices(1) A security officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 46
Omit the section. Insert instead:46 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 48
Omit the section. Insert instead:48 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 111A
Omit the section. Insert instead:111A Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means an inspector within the meaning of section 110.
Section 187
Omit the section. Insert instead:187 Penalty notices(1) An enforcement officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, enforcement officer means:(a) a police officer, or(b) a person employed in a government sector agency (within the meaning of the Government Sector Employment Act 2013) who is authorised in writing by the Minister to act as an enforcement officer for the purposes of this section.
Section 46A
Omit the section. Insert instead:46A Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a person authorised in writing by the Corporation or the Secretary as an authorised officer for the purposes of this section.
Section 35
Omit the section. Insert instead:35 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 46A
Omit the section. Insert instead:46A Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means:(a) an inspector (other than a member who is deemed to be an inspector under section 9 (2)), or(b) a person of a class prescribed by the regulations as a class of persons who may issue penalty notices under this section.
Section 34
Omit the section. Insert instead:34 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means:(a) an inspector, or(b) a police officer, or(c) a person belonging to a class of persons specified in the regulations.
Section 67
Omit the section. Insert instead:67 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) For the avoidance of doubt, a reference to any further proceedings for the alleged offence in section 22A (1) of the Fines Act 1996 (being an offence against this Act or the regulations) includes a reference to any further proceedings under section 224 of the ACL for a contravention of a provision of the ACL that has the same elements as the elements for the alleged offence.(7) In this section, means:(a) the Secretary, or(b) an investigator, or(c) a person who is appointed in writing by the Secretary as an authorised officer for the purposes of this section.
Section 85A
Omit the section. Insert instead:85A Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act (other than an offence referred to in section 84 (2) or (3)) or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section:means:(a) a police officer, or(b) any other member of the NSW Police Force authorised in writing by the Commissioner for the purposes of this section.
Section 276
Omit the section. Insert instead:276 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a police officer or, in relation to a particular offence, a person belonging to a class of persons specified in the regulations in relation to that offence.
Clause 348
Omit “section 276 (9)” from clause 348 (3). Insert instead “section 276 (6)”.
3.27 Food Act 2003 No 43
Section 120
Omit the section. Insert instead:120 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a police officer, the Chief Executive Officer or an authorised officer as defined in section 4 (1).
Section 57
Omit the section. Insert instead:57 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section:means:(a) an inspector, or(b) a person who is declared by the regulations to be an authorised officer for the purposes of this section or who belongs to a class of persons so declared.
Section 46
Omit the section. Insert instead:46 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section:means a police officer or an inspector.
Section 35
Omit the section. Insert instead:35 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section:means:(a) an inspector, or(b) a person who is declared by the regulations to be an authorised officer for the purposes of this section or who belongs to a class of persons so declared.
Section 16
Omit the section. Insert instead:16 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed an offence against section 7 or 8 of this Act.(2) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(3) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(4) 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.(5) In this section, means:(a) a police officer, or(b) a person of a class prescribed by the regulations as a class of persons who may issue penalty notices under this section.
Clause 11
Omit “section 16 (2)” from clause 11 (1). Insert instead “section 16 (3)”.
Section 45
Omit the section. Insert instead:45 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section:means a police officer or an inspector.
Section 138A
Omit the section. Insert instead:138A Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means:(a) the Secretary, or(b) a person authorised in writing by the Secretary as an authorised officer for the purposes of this section, or(c) an investigator appointed under the Fair Trading Act 1987.
Section 31A
Omit the section. Insert instead:31A Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a person of a class prescribed by the regulations for the purposes of this section.
Section 36
Omit the section. Insert instead:36 Penalty notices(1) An impounding officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 10
Omit the section. Insert instead:10 Penalty notices(1) A police officer may issue a penalty notice to a person if it appears to the police officer that the person has committed an offence against this Act.(2) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(3) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(4) 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.
Clause 4
Omit “section 10 (2) and (6)”. Insert instead “section 10 (3)”.
Section 396
Omit the section. Insert instead:396 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means an inspector appointed under this Act or the Work Health and Safety Act 2011 or any other person of a class prescribed by the regulations.
Section 235
Omit the section. Insert instead:235 Penalty notices(1) A police officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 165
Omit the section. Insert instead:165 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act, the local regulations or the Legal Profession Uniform Law (NSW) that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a person who is designated by the local regulations as an authorised officer for the purposes of this section.
Section 189
Omit the section. Insert instead:189 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 37B
Omit the section. Insert instead:37B Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a member of staff of the Board who is authorised by the Board to exercise powers, authorities, duties and functions under this section, and includes a police officer.
Section 73
Omit the section. Insert instead:73 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means any of the following who have been authorised in writing by the responsible authority for the major event concerned for the purposes of this section:(a) a police officer,(b) an officer or employee of a government agency,(c) a person, or a member of a class of persons, prescribed by the regulations for the purposes of this definition.
Section 126
Omit the section. Insert instead:126 Penalty notices(1) A law enforcement officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, law enforcement officer means a police officer or, in relation to a particular offence, a person belonging to a class of persons specified in the regulations in relation to that offence.
Clause 135 Penalty notice offences and penalties
Omit “section 126 (9)” wherever occurring in clause 135 (4) and (4A).Insert instead “section 126 (6)”.
Section 76A
Omit the section. Insert instead:76A Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means:(a) an inspector, or(b) a member of the NSW Police Force.
Section 158
Omit the section. Insert instead:158 Penalty notices(1) A penalty notice officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, penalty notice officer means a person prescribed by the regulations for the purposes of this section.
Clause 56 Penalty notice officers
Omit “section 158 (10)”. Insert instead “section 158 (6)”.
[1] Section 166
Omit the section. Insert instead:166 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section:means:(a) a police officer, or(b) another authorised officer authorised in writing by TfNSW or RMS as an authorised officer for the purposes of this section.
[2] Schedule 4 Amendment of Acts
Omit Schedule 4.2.
Section 26
Omit the section. Insert instead:26 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 125N
Omit the section. Insert instead:125N Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a person employed in the Department who exercises functions under this Act or the Mining Act 1992 authorised in writing by the Secretary as an authorised officer for the purposes of this section.
Section 34
Omit the section. Insert instead:34 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 43A
Omit the section. Insert instead:43A Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a person authorised in writing by Place Management NSW as an authorised officer for the purposes of this section.
Section 62
Omit the section. Insert instead:62 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 41
Omit the section. Insert instead:41 Penalty notices(1) An enforcement officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 100
Omit the section. Insert instead:100 Penalty notices(1) A law enforcement officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, law enforcement officer means a police officer or, in relation to a particular offence, a person belonging to a class of persons specified in the regulations in relation to that offence.
Clause 70 Law enforcement officers
Omit “section 100 (9)”. Insert instead “section 100 (6)”.
Section 33E
Omit the section. Insert instead:33E Penalty notices(1) An inspector (within the meaning of Division 2 of Part 2A) may issue a penalty notice to a person if it appears to the inspector that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 216
Omit the section. Insert instead:216 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section:means a person authorised in writing by the Secretary as an authorised officer for the purposes of this section.
Section 118
Omit the section. Insert instead:118 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 50
Omit the section. Insert instead:50 Penalty notices(1) An inspector may issue a penalty notice to a person if it appears to the inspector that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, inspector includes a police officer.
Section 177
Omit the section. Insert instead:177 Penalty notices(1) An investigator may issue a penalty notice to a person if it appears to the investigator that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 203
Omit the section. Insert instead:203 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a person authorised in writing by the Secretary as an authorised officer for the purposes of this section.
Section 184
Omit the section. Insert instead:184 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means:(a) the Secretary, or(b) a person appointed in writing by the Secretary as an authorised officer for the purposes of this section, or(c) an investigator.
3.66 Roads Act 1993 No 33
Section 243
Omit the section. Insert instead:243 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed (or is, by virtue of section 244, guilty of) a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 131
Omit the section. Insert instead:131 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means, in relation to a particular offence, a person belonging to a class of persons specified in the regulations in relation to that offence.
[1] Clause 48
Omit “section 131 (6)” from clause 48 (1). Insert instead “section 131”.
[2] Clause 48 (2)
Omit “section 131 (9)”. Insert instead “section 131 (6)”.
Section 20A
Omit the section. Insert instead:20A Penalty notices(1) An inspector may issue a penalty notice to a person if it appears to the inspector that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 38
Omit the section. Insert instead:38 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a police officer or a ranger.
Section 12
Omit sections 12 and 13. Insert instead:12 Penalty notices(1) A police officer may issue a penalty notice to a person if it appears to the officer that the person has committed an offence against a provision of Part 2.(2) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(3) The amount payable under a penalty notice issued under this section is:(a) the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court), or(b) if no amount is prescribed—$500.(4) This section does not affect a ban under Part 2, such a ban remaining in force notwithstanding the payment of an amount payable under this section.(5) 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.
Section 60A
Omit the section. Insert instead:60A Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a person authorised in writing by the Secretary of the Department of Industry as an authorised officer for the purposes of this section, and includes a police officer.
Section 250
Omit the section. Insert instead:250 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a person employed in the Department of Finance, Services and Innovation authorised in writing by the Secretary as an authorised officer for the purposes of this section.
Section 35
Omit the section. Insert instead:35 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount (not exceeding 5 penalty units) prescribed for the alleged offence by the regulations.(5) 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.
Section 30A
Omit the section. Insert instead:30A Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the by-laws that is prescribed by the by-laws as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the by-laws (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a person authorised by the Trust for the purposes of this section, a police officer or any other person of a class prescribed by the by-laws.
Section 79
Omit the section. Insert instead:79 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against section 67, or an offence against the regulations, being an offence that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a person authorised in writing by the Authority as an authorised officer for the purposes of this section.
Section 50
Omit the section. Insert instead:50 Penalty notices(1) An authorised person may issue a penalty notice to a person if it appears to the authorised person that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a person appointed in writing by the Minister as an authorised person for the purposes of this section.
Section 89
Omit the section. Insert instead:89 Penalty notices(1) An authorised officer or a police officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 52
Omit the section. Insert instead:52 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section:means, in relation to a particular offence, a person belonging to a class of persons specified in the regulations in relation to that offence.
Clause 4 Penalty notice offences
Omit “section 52 (9)” from clause 4 (2). Insert instead “section 52 (6)”.
Section 101
Omit the section. Insert instead:101 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a person authorised in writing by the Board as an authorised officer for the purposes of this section or a police officer.
Section 82
Omit the section. Insert instead:82 Penalty notices(1) An authorised official may issue a penalty notice to a person if it appears to the official that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a person appointed in writing by the Minister as an authorised official for the purposes of this section.
Section 102
Omit the section. Insert instead:102 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations, or an offence against another Act or regulations under another Act (being an offence committed within the Sydney catchment area), that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 42
Omit the section. Insert instead:42 Penalty notices(1) A police officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 48
Omit the section. Insert instead:48 Penalty notices(1) A ranger may issue a penalty notice to a person if it appears to the ranger that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.
Section 243
Omit the section. Insert instead:243 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding 20% of the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a member of staff of the regulator authorised in writing by the regulator as an authorised officer for the purposes of this section.
Section 246
Omit the section. Insert instead:246 Penalty notices(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the 1987 Act (or the regulations under those Acts) that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) 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.(6) In this section, means a person declared by the regulations to be an authorised officer for the purposes of this section.
Schedules 4, 5 (Repealed)
sch 4: Rep 1987 No 15, sec 30C.
sch 5: Rep 1987 No 15, sec 30C.
Schedule 6 General savings, transitional and other provisions
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1, 2, 3 or 4 to an amending provision contained in an Act or instrument is, if the amending provision has commenced before the Schedule 1, 2, 3 or 4 amendment concerned, taken to have effect as from the commencement of the amending provision (whether or not the amending provision has been repealed).(2) In this clause:amending provision means a provision of an Act or instrument that makes a direct amendment to an Act or instrument by:(a) the repeal or omission of matter contained in the amended Act or instrument without the insertion of any matter instead of the repealed or omitted matter, or(b) the omission of matter contained in the amended Act or instrument and the insertion of matter instead of the omitted matter, or(c) the insertion into the amended Act or instrument of matter, not being matter inserted instead of matter omitted from the Act or instrument.Explanatory noteThis clause ensures that an amendment made by the proposed Act to a repealing or amending provision of an Act or instrument will (if the repealing or amending provision commences before the amendment made by the proposed Act) be taken to have commenced on the date the repealing or amending provision commences.
2 Effect of amendment or repeal on acts done or decisions made
Except where it is expressly provided to the contrary, if this Act:(a) amends a provision of an Act or an instrument, orany act done or decision made under the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or repealed.(b) repeals and re-enacts (with or without modification) a provision of an Act or an instrument,Explanatory noteThis clause ensures that the amendment or repeal of a provision will not, unless expressly provided, vitiate any act done or decision made under the provision as in force before the amendment or repeal.
3 Effect of amendment on instruments
Except where expressly provided to the contrary, any instrument made under an Act amended by this Act, that is in force immediately before the commencement of the amendment, is taken to have been made under the Act as amended.Explanatory noteThis clause ensures that, unless expressly provided, any instrument that is in force and made under a provision of an Act that is amended or substituted by the proposed Act will be taken to have been made under the Act as amended.
4 Revocation of repeal
Section 29A of the Interpretation Act 1987 applies to the repeal of Acts or instruments, or provisions of Acts or instruments, by this Act.Explanatory noteThe effect of this clause is to enable the Governor, by proclamation, to revoke the repeal of any Act or instrument, or any provision of any Act or instrument, by the proposed Act. The Act or provision the subject of the revocation of repeal is taken not to be, and never to have been, repealed.
5 Regulations
(1) The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.(2) Any such provision may, if the regulations so provide, take effect from the date of assent to this Act or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.Explanatory noteThis clause enables the making of regulations of a savings or transitional nature relating to incidental matters arising out of the proposed Act.