Emergency Management Act Infringement FAQs
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What is an Emergency Management Act (EMA) Infringement Notice?
An Emergency Management Act Infringement Notice is a modified penalty for an offence of failure to comply with a direction under section 86(1) of the Emergency Management Act 2005.
What are the Offences?
During a State of Emergency there are number of Directions issued under the Emergency Management Act.
Failure to comply with a direction under section 86(1) of the Emergency Management Act 2005.
How much will I have to pay?
The modified penalty for an EMA Infringement is $1000.00.
What is a modified penalty?
A modified penalty is the prescribed amount that an alleged offender must pay if he or she wants the matter to be dealt with out of Court. The modified penalty is less than the prescribed penalty for the offence.
Why are Police now issuing EMA Infringements?
Legislation under the Emergency Management Act 2005 and Emergency Management Regulations 2006 now enables the Western Australia Police Force to issue an infringement as an alternative option to deal with an offence of failure to comply with a direction under section 86(1) of the Emergency Management Act 2005. Prior to this legislative amendment in April 2020, Police were limited in dealing with offenders by way of summons and arrest, for matters requiring enforcement.
This process gives alleged offenders an opportunity to deal with the matter by payment of an infringement rather than being charged with an offence and being dealt with by the Courts. An added benefit is a time saving for Police who can reinvest their time into protecting the community.
What happens if I am issued an EMA Infringement?
The investigating officer will speak with you about the incident and take your details. You will be advised that you will receive an EMA Infringement, and be served the infringement by mail or in person.
This is my first offence will I get a criminal record as a result of this EMA Infringement?
If this is your first offence and the infringement is paid in full no criminal conviction will be recorded.
What happens if I have a previous record for similar offences?
Depending on the circumstances of the individual breach an officer may choose to issue another infringement or alternatively prefer a charge that will be dealt with by a court.
How do I pay if I have been issued an EMA Infringement?
Payment options are listed on the infringement notice and include;
- In Person at Australia Post
- By Post
- By Telephone
What will happen if I do not pay the infringement on time?
If full payment is not received in 28 days, a Final Demand Notice will be sent to you with added costs. The Final Demand Notice must be paid within 28 days of the issue date on the notice.
If payment is not received by the due date stipulated on the Final Demand Notice, the infringement will be registered at the Fine Enforcement Registry, which carries further costs and possible suspension of your vehicle and/or drivers licence.
Your details may be published on a website; your vehicle may be immobilised or have its number plates removed; and your property may be seized and sold.
What is the additional cost?
The additional cost relates to administration and postage charges for the final demand notice. Further costs will be applied if the modified penalty remains unpaid and the infringement is referred to the Fines Enforcement Registry.
Can I make part payments?
No, Legislation dictates that payment must be made in full.
Can I seek a review of an EMA Infringement?
Yes, adjudication of the infringement may be sought by applying in writing to Infringement Management & Operations, refer to the address on the back of the infringement notice.
May I elect to go to Court and what happens if I do?
You can elect to go to Court. You should complete the Elect to Court section of the Infringement Notice and post it to Infringement Management & Operations Unit at the address contained on the form.
Can I seek Legal Advice?