Governance

The University of Western Australia Lands By-Laws: Part 9 – Penalties and Proceedings

9.1 A person who breaches any of these by-laws is liable on conviction to a fine not exceeding $100.

9.2 Proceedings may be taken in any court of summary jurisdiction in accordance with the Justices Act 1902 in respect of any offence committed under the by-laws and any penalty imposed or compensation made payable may be recovered in a summary manner in accordance with that Act.

9.3(1) An Authorised Person or a member of the Police Force may take proceedings on behalf of the University in his or her own name or the name of the University.

(2) The University must reimburse any person who takes proceedings in accordance with sub-by-law (1) for all costs, charges, expenses or damages which he or she has incurred or become liable for by reason of taking the proceedings.

9.4(1) The addressee of an Infringement Notice who does not deny the allegation that he or she has breached these by-laws may pay the modified penalty specified in the Infringement Notice to the University Registrar within the time and in the manner specified in the Infringement Notice.

(2) Payment of the modified penalty and the production of the receipt for payment is a defence to a charge of the breach in respect of which the modified penalty is paid.

(3)
If the University Registrar considers that an alleged offender against the by-laws cannot be adequately punished by payment of a modified penalty the University Registrar may refuse to accept payment of the modified penalty and may take proceedings against the alleged offender.

(4) The modified penalties are those set out in the Second Schedule.

9.5 If a student breaches these by-laws that breach is misconduct for the purposes of Statute No. 17 of the Statutes of the University and the Vice-Chancellor may direct that the student be dealt with in accordance with that Statute.

9.6(1) Without prejudice to the provisions of sub-by-law 7.2 any notice required by these by-laws to be served upon any person may be served by—

(a) giving it to that person personally; or
(b) posting it by prepaid post to the person’s last known place of residence or business.

(2) Any notice given by post is deemed to have been given when the notice would have been received at the address in the normal course of the post.

(3)
Where, in any proceeding for any breach of a by-law, it is alleged that a notice was given by the University to any person, in the absence of proof to the contrary that notice is deemed to have been properly given to that person.

9.7 For the purposes of any proceeding for a breach of a by-law relating to the parking or driving of vehicles, in the absence of proof to the contrary—

(a) all persons employed by the University to enforce the by-laws relating to driving and parking of vehicles are deemed to be an Authorised Person;
(b) where it is alleged that the University Registrar has not—
(i) received a notice under by-law 7.3(a); or
(ii) been satisfied under by-law 7.3(b) that the vehicle had been stolen or unlawfully taken or used; or
(iii) accepted an explanation under by-law 7.4; or
(iv) received the modified penalty under by-law 9.4,

a letter signed by the University Registrar to that effect is prima facie evidence that—

(i) the notice has not been given;
(ii) the vehicle was not stolen or unlawfully used;
(iii) an explanation has not been accepted;
(iv) a modified penalty has not been paid,

(as the case may be).

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