Creating infringement offences
This is a single section from Chapter 25. Read the full chapter here.
What procedures apply to new infringement penalties?
Section 21 of the Summary Proceedings Act 1957 should apply to all new infringement offences.
Section 21 of the Summary Proceedings Act 1957 sets out a generic process by which a person may challenge an infringement notice. It also provides a process by which an agency may issue reminder notices, enter into instalment arrangements, and, if necessary, bring a person before the court and have an unpaid infringement penalty converted to a fine plus the associated court costs.
New infringement penalties should use this existing system to ensure consistency with the infringement regime systems and to reduce complexity in the law. Cogent reasons are required to justify any departure from the Summary Proceedings Act procedure.
For section 21 of the Summary Proceedings Act 1957 to apply, legislation should contain an express provision to the effect that the new offence is an infringement offence for the purposes of section 21 of the Summary Proceedings Act 1957. Ideally, the infringement regime should also be included in the list of regimes in section 2 of the Summary Proceedings Act 1957 under the definition of “infringement notice”.