Civil expiation notices
86D Civil expiation notices
A civil expiation notice may only be given by the Responsible authority or by an authorised officer who is authorised in writing by the Responsible authority to give civil expiation notices for the alleged civil penalty contravention.
A civil expiation notice—
may relate to up to 3 alleged civil penalty contraventions arising out of the same incident (that is, if they are committed contemporaneously, or in succession, 1 following immediately on another); and
cannot be given after the expiry of the period of 12 months from the date on which the civil penalty contravention or contraventions were alleged to have been committed; and
cannot be given to a person if proceedings have been commenced against the person for a civil penalty order for the alleged civil penalty contravention or contraventions.
If a civil expiation notice is given to a person alleged to have committed a civil penalty contravention, no further civil expiation notice can be given to that person in respect of any other alleged civil penalty contravention arising out of the same incident.
A civil expiation notice must—
be identified by a unique number; and
state the date of the notice; and
state the name and address of the person to whom it is given; and
state that the notice is given on behalf of the Responsible authority; and
state how the Responsible authority may be contacted; and
give details of the civil penalty contravention or contraventions allegedly committed by the person, including the date of the alleged contravention or contraventions; and
state the maximum civil penalty that the person could be ordered to pay in respect of the alleged civil penalty contravention or contraventions; and
specify the expiation fee that is payable in relation to the alleged civil penalty contravention or each alleged contravention; and
state that the expiation fee is to be paid within 28 days from (and including) the date of the notice; and
state that the expiation fee is payable to the Responsible authority; and
explain how payment of the expiation fee is to be made; and
include any information prescribed by the regulations.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Fair Trading (Building and Construction Industry Dispute Resolution Code) Regulations 2017
- Fair Trading (Fuel Pricing Information) Regulations 2021
- Fair Trading (Mining and Resources Industry Land Access Dispute Resolution Code) Regulations 2018
1 more instrument made under this Act are listed on the Act’s overview.
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