New South Wales Repealed Regulations

This legislation has been repealed.

ROAD TRANSPORT (GENERAL) (PENALTY NOTICE OFFENCES) REGULATION 2002 - REG 5

5 Penalty notice offences

(1) For the purposes of section 15 of the Act:

(a) each offence:

(i) that is created by a provision specified in Column 1 of Schedule 2, and

(ii) for which an amount of penalty is specified in Column 3 of Schedule 2,

is declared to be a penalty notice offence, and

(b) the authorised officers for such an offence are officers of the class or classes specified in relation to the offence in Column 2 of Schedule 2, and

(c) the prescribed penalty for such an offence is the amount of penalty specified in relation to the offence in Column 3 of Schedule 2.

(2) If the reference to a provision in Column 1 of Schedule 2 is qualified by words that restrict its operation to specified kinds of offences or to offences committed in specified circumstances, an offence created by the provision is a penalty notice offence only if it is an offence of a kind so specified or is committed in the circumstances so specified.

(3) Despite subclause (1) (b):

(a) an authorised officer who is an officer or employee of a local council may exercise the functions of an authorised officer only within the local government area of that council, and

(b) an authorised officer who is an officer or employee of a declared organisation may exercise the functions of an authorised officer only within the area of operations of that organisation.

(4) Subclause (3) does not prevent an authorised officer who is an officer or employee of a local council or declared organisation from exercising the functions of an authorised officer:

(a) in the local government area of some other council, or

(b) in the area of operations of some other declared organisation,

under an arrangement entered into between the bodies concerned in relation to the exercise of those functions within those areas.

Note: Subclause (1) (b) prescribes those persons who are to be authorised officers for the purposes of section 15 (that is, those persons who may issue penalty notices for the penalty notice offences prescribed by subclause (1) (a)). Under section 15 (1), police officers are empowered to issue penalty notices for all such offences.