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COMMONWEALTHAct
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s 40

Matters to be included in an infringement notice

In force
Part 5Enforcement
Division 2Infringement notices

40 Matters to be included in an infringement notice

(1)

An infringement notice must:

(a)

identify the person to whom the notice is given; and

(b)

set out brief details of:

(i)

the alleged contravention of the civil penalty provision; or

(ii)

if the infringement notice relates to 2 or more alleged contraventions of a civil penalty provision or alleged contraventions of 2 or more civil penalty provisions—each alleged contravention; and

(c)

contain a statement to the effect that proceedings will not be brought under this Part in relation to the alleged contravention or contraventions if the penalty specified in the notice is paid to the Regulator, on behalf of the Commonwealth, within:

(i)

28 days after the notice is given; or

(ii)

if the Regulator allows a longer period—that longer period; and

(d)

contain a statement to the effect that the person to whom the notice is given may choose not to pay the penalty and, if the person does so, proceedings may be brought under this Part in relation to the alleged contravention or contraventions; and

(e)

give an explanation of how payment of the penalty is to be made; and

(f)

set out such other matters (if any) as are specified by the regulations.

Note:

For the amount of penalty, see section 41.

(2)

For the purposes of paragraph (1)(b), the brief details must include the following information in relation to each alleged contravention:

(a)

the date, time and place of the contravention;

(b)

the civil penalty provision that was allegedly contravened.

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