Fair Trading Act 1987

An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.

A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.

The Fines Act 1996 applies to a penalty notice issued under this section.

The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).

The regulations may provide for different amounts to be payable for a penalty notice offence based on whether the offence is—

a first offence, or

a second or subsequent offence.

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 offences.

For the avoidance of doubt, a reference to any further proceedings for the alleged offence in section 22A (1) of the Fines Act 1996 (being an offence against this Act or the regulations) includes a reference to any further proceedings under section 224 of the ACL for a contravention of a provision of the ACL that has the same elements as the elements for the alleged offence.

In this section—

the Secretary, or

an investigator, or

a person appointed in writing by the Secretary as an authorised officer for this section.