Part 6 - Offences and Penalties

Question 1

Types of offences…(5)

Answer 1

• 54. Obstruction of cadastral surveyor
• 55. Interference with survey marks
• 56. False cadastral survey marks
• 57. Unlicensed persons not to act as licensed cadastral surveyors
• 58. Offences relating to terms implying person is licensed cadastral surveyor

Question 2

54 Obstructing a cadastral surveyor

Every person commits an offence and is liable on conviction to a fine not exceeding $1000, who knowingly obstructs or hinders a cadastral surveyor in…(3)

Answer 2

• performing a cadastral surveyors suties or functions in relation to a cadastral surveyor
• ascertaining or marking out a boundary or cadastral survey line
• fixing, placing, restoring, repairing, or setting up a cadastral survey mark

Question 3

55 Interference with survey marks

Subsection 1 - Every person commits an offence and is liable on conviction to a fine not exceeding $2000 who…

Answer 3

• knowingly or recklessly takes, destroys, or alters the position of, or markings on, a survey mark that has been placed for the control of cadastral surveys or for the purposes of this act or any other act

Question 4

55 Interference with survey marks

Subsection 2 - Every person commits an offence and is liable on conviction to a fine not exceeding $500 who…

Answer 4

• fails to notify the taking, destruction, or alteration of a survey mark to the surveyor general as soon as practicable after doing so

Question 5

55 Interference with survey marks

Subsection 3 - Every person who is convicted of an offence under subsection 1 (destroying marks) or subsection 2 (not notifying destroying of marks) if liable to pay the costs of…

Answer 5

• repairing, replacing, restoring to its proper position, or restoring the markings on the survey mark concerned
• the costs are as assessed by a district court judge and recoverable as if they were a fine

Question 6

56 False cadastral survey marks

Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who places in position in relation to any land a peg or mark…(2)

Answer 6

• that is not a cadastral survey mark properly placed
• with the intention of causing any person to believe that it is a cadastral survey mark placed in that position for the purposes of a cadastral survey

Question 7

57 Unlicensed persons not to act as licensed cadastral surveyors

Every person commits an offence and is liable on conviction to a fine not exceeding $1,000, who…

Answer 7

• performs or executes anything for the purposes of a cadastral survey when they are not a licenses cadastral surveyor or acting under the direction of a licenses cadastral surveyor

Question 8

58 Offences relating to terms implying person is a licensed cadastral sureyor

Every person commits an offence and is liable on conviction to a fine not exceeding $5,000, who…(3)

Answer 8

• not being a licensed cadastral surveyor, uses written words, titles, initials, or abbreviations that intended to cause or may reasonably cause a person to believe that the person using them is a licensed cadastral surveyor
• knowing that another person is not licensed under this act, and with intent to deceive, makes a statement or undertakes an act calculated to suggest that the other person is a cadastral surveyor
• with intent to deceive, makes use of a license issued to him/her or another person under this act

Question 9

59 Infringement Offences

Infringement fee, in relation to an infringement offence, means…(amount)

Answer 9

$200

Question 10

59 Infringement Offences

Infringement offence means…(1)

Answer 10

• an offence under any of sections 54 to 57 (54. Obstruction of a cadastral surveyor, 55. Interference with survey marks, 56. false cadastral survey marks, 57. unlicensed person not to act as licensed cadastral surveyors)

Question 11

61. Infringement Notices

An infringement notice may be served by…(2)

Answer 11

• by delivering it personally to the person who appears to have committed the infringement offence
• by sending it by post addressed to the person at the person’s last know place of residence or business (being treated as have been served on the date it was posted)

Question 12

61. Infringement Notices

An infringement notice must be in the prescribed form and must contain the following particulars…(8)

Answer 12

• details to inform a person of the time, place, and nature of the alleged offence
• the amount of the infringement fee
• address at which the infringement fee may be paid
• time within the infringement fee must be paid
• a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957
• a statement that the person served with the notice has the right to request a hearing
• a statement of what will happen if the infringement fee isn’t paid and hearing hasn’t been requested
• any other particulars that are prescribed

Question 13

62 Payment of infringements fees

All infringement fees must be paid where?

Answer 13

• Crown bank account