Document ID: chunk:federal_register_of_legislation:C2009A00107:clause:1_65r
Version: federal_register_of_legislation:C2009A00107
Segment Type: clause
Provision Reference: sch 1 cl 65R
Character Range: 50708–52347

65R  Effect of this Division
  This Division does not:
 (a) require an infringement notice to be given to a person; or
 (b) affect the liability of a person to be prosecuted for an offence if:
 (i) the person does not comply with an infringement notice given to the person; or
 (ii) an infringement notice is not given to the person for the offence; or
 (iii) if a civil penalty provision is constituted by conduct that is substantially the same as the conduct alleged to constitute the offence—an infringement notice is not given to the person in relation to the civil penalty provision; or
 (iv) an infringement notice is given to the person and is subsequently withdrawn; or
 (c) affect the liability of a person to be subject to civil proceedings for the contravention of a civil penalty provision if:
 (i) the person does not comply with an infringement notice given to the person; or
 (ii) an infringement notice is not given to the person for the contravention; or
 (iii) if an offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention—an infringement notice is not given to the person in relation to the offence; or
 (iv) an infringement notice is given to the person and is subsequently withdrawn; or
 (d) prevent the giving of 2 or more infringement notices to a person for:
 (i) an alleged offence; or
 (ii) an alleged contravention of a civil penalty provision; or
 (e) limit a court's discretion to determine the amount of a penalty to be imposed on a person:
 (i) convicted of an offence against this Act; or
 (ii) who has contravened a civil penalty provision.