When an infringement notice can be given
124 When an infringement notice can be given
An authorised officer may serve an infringement notice on a person if the authorised officer has reasonable grounds to believe that the person has contravened a civil penalty provision.
An infringement notice is a notice to the effect that, if the person served does not wish to have the matter determined by the Local Court, the person can pay, within the time and to the person specified in the notice, the amount of penalty specified in the notice.
The penalty to be specified in an infringement notice relating to an alleged contravention of a civil penalty provision must be a pecuniary penalty equal to one-fifth of the maximum civil penalty that the Local Court could impose on the person for that contravention.
An infringement notice must be served within 12 months after the day on which the contravention is alleged to have occurred.
An infringement notice may be served personally or by post.
If the amount of penalty specified in a notice is paid under this section, no person is liable to any further proceedings under section 114 in respect of the alleged contravention.
This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of alleged contraventions of civil penalty provisions.
In this section—
civil penalty provision means the following—
section 27 (5),
section 31 (3),
section 34,
section 38,
section 41 (3),
section 42,
section 43 (1) and (2),
section 43D,
section 46(2),
section 55(6)(a),
section 63(1), (5), (6), (9) and (12),
section 64(1) and (3),
section 65(6),
section 70E(6),
section 70H(2),
section 101(2).
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.