Gambling (Infringement Notices) Regulations 2004

Reprint as at 10 October 2006 Gambling (Infringement Notices) Regulations 2004 (SR 2004/366) Silvia Cartwright, Governor­General Order in Council At Wellington this 18th day of October 2004 Present: Her Excellency the Governor­General in Council Pursuant to section 360(c) of the Gambling Act 2003, Her Excellency the Governor­General, acting on the advice and with the consent of the Executive Council and on the advice of the Minister of Internal Affairs after consultation with persons or organisations that appear to the Minister to be representative of the interests of persons likely Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint. A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint. These regulations are administered by the Department of Internal Affairs. 1 Gambling (Infringement Notices) Regulations 2004 Reprinted as at 10 October 2006 to be substantially affected by these regulations, makes the following regulations. Contents 1 2 3 4 Title Commencement Interpretation Infringement notices Schedule Forms Page 2 2 2 2 3 Regulations 1 Title These regulations are the Gambling (Infringement Notices) Regulations 2004. Commencement These regulations come into force on 1 December 2004. Interpretation In these regulations, Act means the Gambling Act 2003. Infringement notices An infringement notice issued under section 357 of the Act must be in form 1 set out in the Schedule. A reminder notice issued under section 358 of the Act must be in form 2 set out in the Schedule. 2 3 4 (1) (2) 2 Reprinted as at 10 October 2006 Gambling (Infringement Notices) Regulations 2004 Schedule Schedule Forms Form 1 Infringement notice Section 357, Gambling Act 2003 r4 (Front) Department of Internal Affairs Te Tari Taiwhenua Notice No: Infringement notice served on— First name(s): Family name (or company name): Date of birth: Full address [residential or business]: Occupation: Alleged infringement offence details Date: Time: Location: Details of offence (provision breached and description of offence): Day of week: Location code (if known): Infringement fee payable: $ Offence code (if known): Issuing details Gambling inspector’s warrant No: Police officer [name]: Method infringement notice served by [personal service/post]: On [insert date served]: Note: if served by post, the date of service for the notice is when the notice would have been delivered in the ordinary course of post. Procedures for payment of infringement fee The infringement fee is payable within 28 days after [specify date]. Important: please read the summary of rights printed on the back of this notice. 3 Schedule Gambling (Infringement Notices) Regulations 2004 Reprinted as at 10 October 2006 Form 1—continued Infringement fees may be paid to the Department of Internal Affairs using one of the following methods: 1 By cheque with the attached deposit slip sent to [insert postal details]. 2 By cash or cheque with the attached deposit slip at any branch of the [insert bank details]. Cheques should be payable to “Department of Internal Affairs” and should be crossed and marked “not transferable”. Deposit slip [Name of branch] [Department logo] Date: Notice No: Notes: Paid in by: Cheques: [Please print name] [As per back] For credit of Department of Internal Affairs Infringement Account: [Insert bank account details] $[Amount paid] (Back) Summary of rights Note: if, after reading this summary, you do not understand anything in it, consult a lawyer immediately. 1 Payment of infringement fee If you pay the infringement fee within 28 days after the service of this notice, no further action in respect of the infringement offence will be taken. Payment should be made to the Depart­ ment of Internal Affairs in accordance with the instructions on the front page of this notice. Note: if, under section 21(3A) or (3C)(a) of the Summary Pro­ ceedings Act 1957, you enter or have entered into a time­to­ pay arrangement with an informant in respect of an infringe­ ment fee payable by you, the provisions of paragraph 4 below 4 Reprinted as at 10 October 2006 Gambling (Infringement Notices) Regulations 2004 Schedule Form 1—continued do not apply and you are not entitled either to request a hearing to deny liability or to ask the court to consider any submissions (as to penalty or otherwise) in respect of the infringement. 2 Further action If you wish to raise any matter relating to circumstances of the alleged offence, you should do so by writing to the enforce­ ment authority at the address shown on the front of this notice within 28 days after the service of this notice. Defences You have a defence against any proceedings for the offence alleged in this notice if you can prove that the infringement fee has been paid to the Department of Internal Affairs at the address for payment shown on the front of this notice, or to [insert bank details], within 28 days after you have been served with a reminder notice in respect of the offence. Note: late payment, or payment at any other address or to any other bank, will not be a defence. Right to request hearing You have the right to request a hearing. A request for a hearing must be made in writing, be signed by you, and be delivered to the address specified on the front of this notice within 28 days after you have been served with this notice. If you request a hearing, you may deny liability for the offence, or admit liabil­ ity and make submissions as to penalty or any other matter. If you deny liability for the offence, the Department of Inter­ nal Affairs will serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court (unless the Department of Internal Affairs decides not to commence court proceedings). Note: if the court finds you guilty of the offence, costs will be imposed in addition to any fine. 3 4 (1) (2) 5 Schedule Gambling (Infringement Notices) Regulations 2004 Reprinted as at 10 October 2006 Form 1—continued (3) If you admit liability for the offence but want the court to con­ sider your submissions, you should, in your request for a hear­ ing,— (a) admit the offence; and (b) set out the written submissions you wish to be consid­ ered by the court. The Department of Internal Affairs will then file your letter with the court (unless the De­ partment of Internal Affairs decides not to commence court proceedings). There will be no oral hearing be­ fore the court if you follow this course of action. Note: any costs will be imposed in addition to any fine. Consequences of taking no action If you do not pay the infringement fee and do not request a hearing within 28 days after the service of this notice, you will be served with a reminder notice (unless the enforcement authority decides otherwise). If you do not pay the infringement fee and do not request a hearing in respect of the alleged infringement offence within 28 days after the service of the reminder notice, you will be­ come liable to pay costs in addition to the infringement fee (unless the enforcement authority decides not to commence court proceedings against you). 5 (1) (2) 6 Questions and other correspondence In any correspondence, please include— (a) the date of the infringement notice; and (b) the infringement notice number; and (c) the course of action you are taking in respect of the alleged offence; and (d) your address for replies. Note: all queries and all correspondence regarding this notice must be directed to [insert postal details]. Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957. 6 Reprinted as at 10 October 2006 Gambling (Infringement Notices) Regulations 2004 Schedule Form 2 Reminder notice Section 358, Gambling Act 2003 (Front) Department of Internal Affairs Te Tari Taiwhenua Notice No: This notice is to remind you that an infringement notice has been issued to you. The details of the notice are as follows: Infringement notice served on— First name(s): Family name (or company name): Date of birth: Full address [residential or business]: Occupation: Alleged infringement offence details Date: Time: Location: Details of offence (provision breached and description of offence): Day of week: Location code (if known): Infringement fee payable: $ Offence code (if known): Service details [To be provided for filing in court] Reminder notice served by [personal service/post]: At [insert full address at which reminder notice was served]: On [insert date served]: Note: if served by post, the date of service for the notice is when the notice would have been delivered in the ordinary course of post. Procedures for payment of infringement fee The last day for payment of the infringement fee is [insert date], being 28 days after the date of service of this notice. 7 Schedule Gambling (Infringement Notices) Regulations 2004 Reprinted as at 10 October 2006 Form 2—continued Important: please read the summary of rights printed on the back of this notice. Infringement fees may be paid to the Department of Internal Affairs using one of the following methods: 1 By cheque with the attached deposit slip sent to [insert postal details]. 2 By cash or cheque with the attached deposit slip at any branch of [insert bank details]. Cheques should be payable to “Department of Internal Affairs” and should be crossed and marked “not transferable”. Deposit slip [Name of branch] [Department logo] Date: Notice No: Notes: Paid in by: Cheques: [Please print name] [As per back] For credit of Department of Internal Affairs Infringement Account: [Insert bank account details] $[Amount paid] (Back) Summary of rights Note: if, after reading this summary, you do not understand anything in it, consult a lawyer immediately. 1 Payment of infringement fee If you pay the infringement fee within 28 days after the service of this notice, no further action in respect of the infringement offence will be taken. Payment should be made to the Depart­ ment of Internal Affairs in accordance with the instructions on the front page of this notice. Note: if, under section 21(3A) or (3C)(a) of the Summary Pro­ ceedings Act 1957, you enter or have entered into a time­to­ 8 Reprinted as at 10 October 2006 Gambling (Infringement Notices) Regulations 2004 Schedule Form 2—continued pay arrangement with an informant in respect of an infringe­ ment fee payable by you, the provisions of paragraph 4 below do not apply and you are not entitled either to request a hearing to deny liability or to ask the court to consider any submissions (as to penalty or otherwise) in respect of the infringement. 2 Further action If you wish to raise any matter relating to circumstances of the alleged offence, you should do so by writing to the enforce­ ment authority at the address shown on the front of this notice within 28 days after the service of this notice. Defences You have a defence against any proceedings for the offence alleged in this notice if you can prove that the infringement fee has been paid to the Department of Internal Affairs at the address for payment shown on the front of this notice, or to [insert bank details], within 28 days after you have been served with a reminder notice in respect of the offence. Note: late payment, or payment at any other address or to any other bank, will not be a defence. Right to request hearing You have the right to request a hearing. A request for a hearing must be made in writing, be signed by you, and be delivered to the address specified on the front of this notice within 28 days after you have been served with this notice. If you request a hearing, you may deny liability for the offence, or admit liabil­ ity and make submissions as to penalty or any other matter. If you deny liability for the offence, the Department of Inter­ nal Affairs will serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court (unless the Department of Internal Affairs decides not to commence court proceedings). Note: if the court finds you guilty of the offence, costs will be imposed in addition to any fine. 9 3 4 (1) (2) Schedule Gambling (Infringement Notices) Regulations 2004 Reprinted as at 10 October 2006 Form 2—continued (3) If you admit liability for the offence but want the court to con­ sider your submissions, you should, in your request for a hear­ ing,— (a) admit the offence; and (b) set out the written submissions you wish to be consid­ ered by the court. The Department of Internal Affairs will then file your letter with the court (unless the De­ partment of Internal Affairs decides not to commence court proceedings). There will be no oral hearing be­ fore the court if you follow this course of action. Note: any costs will be imposed in addition to any fine. Consequences of taking no action If you do not pay the infringement fee and do not request a hearing in respect of the alleged infringement offence within 28 days after the service of the reminder notice, you will be­ come liable to pay costs in addition to the infringement fee (unless the enforcement authority decides not to commence court proceedings against you). 5 6 Questions and other correspondence In any correspondence, please include— (a) the date of the infringement notice; and (b) the infringement notice number; and (c) the course of action you are taking in respect of the alleged offence; and (d) your address for replies. Note: all queries and all correspondence regarding this notice must be directed to [insert postal details]. Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957. Schedule form 2: amended, on 10 October 2006, by regulation 4(a) of the Gam­ bling (Infringement Notices) Amendment Regulations 2006 (SR 2006/266). Schedule form 2: amended, on 10 October 2006, by regulation 4(b) of the Gam­ bling (Infringement Notices) Amendment Regulations 2006 (SR 2006/266). 10 Reprinted as at 10 October 2006 Gambling (Infringement Notices) Regulations 2004 Diane Morcom, Clerk of the Executive Council. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 21 October 2004. 11 Notes Gambling (Infringement Notices) Regulations 2004 Reprinted as at 10 October 2006 Contents 1 General 2 Status of reprints 3 How reprints are prepared 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 5 List of amendments incorporated in this reprint (most recent first) Notes 1 General This is a reprint of the Gambling (Infringement Notices) Regu­ lations 2004. The reprint incorporates all the amendments to the regulations as at 10 October 2006, as specified in the list of amendments at the end of these notes. Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enact­ ment, in chronological order. Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint. This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the prin­ cipal enactment and its amendments are contained. How reprints are prepared A number of editorial conventions are followed in the prep­ aration of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see 2 3 12 Reprinted as at 10 October 2006 Gambling (Infringement Notices) Regulations 2004 Notes http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force. 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted. A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all le­ gislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint. In outline, the editorial changes made in reprints under the au­ thority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) • typeface and type size (Times Roman, generally in 11.5 point) • layout of provisions, including: • indentation • position of section headings (eg, the number and heading now appear above the section) • format of definitions (eg, the defined term now appears in bold type, without quotation marks) • format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) • position of the date of assent (it now appears on the front page of each Act) 13 Notes Gambling (Infringement Notices) Regulations 2004 Reprinted as at 10 October 2006 • • • • • • punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross­references are changed accordingly case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial cap­ ital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) • small capital letters in section and subsection ref­ erences are now capital letters schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross­references are changed accord­ ingly running heads (the information that appears at the top of each page) format of two­column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chrono­ logical). 5 List of amendments incorporated in this reprint (most recent first) Gambling (Infringement 2006 (SR 2006/266) Notices) Amendment Regulations 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2009 14