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COMMONWEALTHRegulation
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s 8

When infringement notice may be given

In force
Part 8Infringement notices
Division 2Infringement notices

8 When infringement notice may be given

(1)

If the Regulator has reasonable grounds to believe that a person has contravened a provision enforceable under this Part, the Regulator may give the person an infringement notice for the alleged contravention.

Note:

For how a document is served on a person, see section 28A of the Acts Interpretation Act 1901.

(2)

The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.

(3)

A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.

(4)

The Regulator may give a person a single infringement notice relating to multiple contraventions of a single provision if:

(a)

the provision requires the person to do a thing within a particular period or before a particular time; and

(b)

the person fails or refuses to do that thing within that period or before that time; and

(c)

the failure or refusal occurs on more than one day; and

(d)

each contravention is constituted by the failure or refusal on one of those days.

Note:

For continuing offences, see subsection 4K(2) of the Crimes Act 1914.

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