An infringement penalty is not a fine as only a Court can impose fines. An infringement notice is a notice issued by the police, local government authority or other prosecuting agency, alleging that you have breached a particular law and giving you the opportunity to pay a fixed amount of money rather than go to court.
Infringement notices are generally issued for breaches of the law that are not as serious, such as minor traffic offences and parking offences. An infringement notice is often called a “ticket”, for example a “speeding ticket”.
If you have received an Infringement you may choose to do one of the following things:
1. Pay the Infringement
If you do not wish to have a complaint of the alleged offence heard and determined by a Court, full payment of the penalty amount may be paid to an authorised person at the Shire's Administration office in Newman or Marble Bar within 28 days of the Date of Issue.
Payment can be made:
In person - to the cashier at Newman Administration Office, Cnr Kalgan Drive & Newman Drive, Newman or Marble Bar Administration Office, General Street, Marble Bar (Mon-Fri, 8.30 am - 4.30 pm).
By mail - using cheque or money order posted to:
Shire of East Pilbara,
Newman WA 6753.
Cheques and money orders must be made payable to the Shire of East Pilbara. Please include your Full Name, Infringement Number, date of birth and if applicable the vehicle or animal registration details with your remittance.
By telephone - Payment can be made by telephoning the Newman administration Offices and providing the infringement details along with credit card details and personal particulars.
Be aware that if the penalty is not paid on or prior to the due date additional costs will be incurred. This also applies if mailed payments are received after the due date.
2. Request a Review of the Infringement Notice
If you believe you have unfairly received an infringement notice, you have the right to request it be reviewed. Your request must be in writing and should be submitted to the Shire of East Pilbara PMB 22 Newman WA 6753.
A REQUEST FOR A REVIEW MUST BE LODGED WITHIN 28 DAYS FROM THE ISSUE DATE OF THE INFRINGEMENT. REVIEWS LODGED AFTER THIS TIME MAY BE REFUSED.
Please note the following:
• A Request for Review will not be accepted by phone.
• Requests may be accepted by email or fax, provided the recipients; Full Name, Date of birth and Residential Address is supplied to enable a response to be sent.
• Request forms will be accepted in person at the Newman and Marble Bar Administration Offices.
• A Request for Review may only be made by the person to whom the infringement was issued.
Details of the infringement that need to be included in your appeal are:
• Infringement number
• Date of notice
• Vehicle or animal registration details (if applicable)
• Name, Date of birth, residential address and phone number
• Postal address if different from residential address
• Photocopies of all relevant supporting documentation
• Detailed reasons why you believe an appeal should be granted.
You need to clearly state any mitigating circumstances that caused or contributed to the alleged offence.
It is advisable to retain a copy for your own records until the matter is resolved.
All Requests are lodged and processed through an administration system. A letter of response advising the outcome of your request will be posted to you.
Once an appeal has been received, the infringement will be placed on hold to prevent further costs being applied whilst being reviewed.
3. Nominate another Driver of the Vehicle
If you were not the driver of the vehicle at the time the infringement was incurred, you have 28 days to nominate the person in control of the vehicle by completing a statutory declaration with the driver's full name, date of birth and current residential address and forwarding it to the shire. The statutory declaration must be witnessed by an authorised person or a Justice of the Peace. In the absence of proof to the contrary or where the information is not current, you may be deemed to have committed the offence.
4. Take the matter to Court
You may elect to have an alleged offence heard and determined by a Court, by making application in writing to:
Chief Executive Officer.
Shire of East Pilbara
Newman WA 6753
On receipt of such a nomination, the Shire will make all necessary arrangements for the matter to be heard in the Magistrates' Court and you will receive a Prosecution Notice. Be aware that if a matter is elected to be heard by a court a prosecution notice may be issued without any prior or further advice and additional costs may be incurred.
5. If You Take No Action
This matter may be registered with the Fines Enforcement Registry and additional costs will be incurred and your driver’s licence and/or vehicle licence may be suspended.