New South Wales Repealed Acts

This legislation has been repealed.

PASTORAL AND AGRICULTURAL CRIMES LEGISLATION AMENDMENT ACT 2002 - SCHEDULE 2

SCHEDULE 2 – Amendment of Inclosed Lands Protection Act 1901

(Section 3)

[1] Section 7 Owner may destroy goats

Omit section 7 (2). Insert instead:

(2) Subsection (1) does not authorise the destruction of any goat that:

(a) is legibly branded, or

(b) has around its neck a collar with the name and address of its owner legibly engraved on it, or

(c) has an ear mark, or

(d) is wearing an ear tag.

[2] Sections 10 and 11

Insert after section 9:

10 Penalty notice for certain offences

(1) A police officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this Act.

(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter dealt with by a court, the person may pay, within the time and to the person specified in the notice, the amount of penalty prescribed by the regulations for the offence if dealt with under this section.

(3) Any such notice may be served personally or by post.

(4) If the amount of any penalty prescribed for an alleged offence is paid in accordance with this section, no person is liable to any further proceedings for the alleged offence.

(5) Payment of a penalty in accordance with this section is not to be regarded as an admission of liability for the purposes of, nor in any way as affecting or prejudicing any civil claim, action or proceeding arising out of the same occurrence.

(6) The regulations may prescribe the amount of penalty payable for an offence against this Act if dealt with in accordance with this section.

(7) The amount of a penalty prescribed under this section for an offence must not exceed the maximum amount of penalty which could be imposed for the offence by a court.

(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings which may be taken in respect of offences.

11 Regulations The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.