Superannuation Industry (Supervision) Act 1993

An infringement notice must:

state the day on which it is given; and

state the name of the person to whom it is given; and

state the name of the person who gave the notice; and

give brief details of the alleged contravention, including:

the provision that was allegedly contravened; and

the maximum penalty that a court could impose for the contravention; and

the time (if known) and day of, and the place of, the alleged contravention; and

state the amount that is payable under the notice; and

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

state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) the person is not liable to be prosecuted in a court in relation to the alleged contravention; and

state that payment of the amount is not an admission of guilt or liability; and

state that the person may apply to the Regulator to have the period in which to pay the amount extended; and

state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court in relation to the alleged contravention; and

set out how the notice can be withdrawn; and

state that if the notice is withdrawn:

any amount paid under the notice must be refunded; and

the person may be prosecuted in a court for the alleged contravention; and

state that the person may make written representations to the Regulator seeking the withdrawal of the notice.

For the purposes of paragraph (1)(e), the amount to be stated in the notice for the alleged contravention of the provision must be equal to one‑fifth of the maximum penalty that a court could impose on the person for that contravention.