Fair Work Regulations 2009

An infringement notice must:

specify the recipient’s full name; and

specify the recipient’s address; and

specify the name of the inspector who issued it; and

specify its date of issue; and

set out brief details of the alleged contravention, including the civil remedy provision that has been allegedly contravened; and

specify the penalty for the alleged contravention that is payable under the notice; and

state where and how the penalty can be paid; and

specify the maximum penalty that a court could impose on the recipient for the alleged contravention; and

identify the nominated person; and

explain how the recipient can apply to the nominated person:

to have the infringement notice withdrawn; or

to be allowed more time to pay the penalty; and

state the effect of the recipient paying the penalty within the required time, as explained in regulation 4.09; and

be signed by the inspector who issued it.

The infringement notice may contain any other information that the inspector who issues it thinks necessary.

If a maximum penalty for a serious contravention of a civil remedy provision is specified in subsection 539(2) of the Act, the penalty specified in accordance with paragraph (1)(f) of this regulation in an infringement notice given to a person in respect of an alleged contravention of that civil remedy provision must not exceed one‑tenth of the maximum penalty that a court could have ordered the person to pay under section 546 of the Act for a contravention of that civil remedy provision that is not a serious contravention.

If there is no maximum penalty for a serious contravention of a civil remedy provision specified in subsection 539(2) of the Act, the maximum penalty payable under an infringement notice for an alleged contravention of that civil remedy provision is one‑tenth of the maximum penalty that a court could impose: see subsection 558(2) of the Act.