Infringement notices under Part 5 of the Regulatory Powers Act
55 Infringement notices under Part 5 of the Regulatory Powers Act
Provisions subject to an infringement notice
The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:
a civil penalty provision in Part 2 (regulation of road vehicles and road vehicle components) of this Act;
a strict liability offence against a provision in Part 3 (recalls of road vehicles or approved road vehicle components) of this Act.
Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.
Infringement officer and relevant chief executive
For the purposes of Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1):
each of the following persons is an infringement officer:
the Secretary;
an SES employee, or acting SES employee, in the Department; and
the Secretary is the relevant chief executive.
Single infringement notice may deal with more than one contravention
Despite subsection 103(3) of the Regulatory Powers Act, a single infringement notice may be given to a person in respect of:
2 or more alleged contraventions of a provision mentioned in subsection (1); or
alleged contraventions of 2 or more provisions mentioned in subsection (1).
However, the notice must not require the person to pay more than one amount in respect of the same conduct.
Liability of Crown
Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not make the Crown liable to be given an infringement notice.
This Act’s bill:Explanatory memorandumSecond reading speech
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