Document ID: chunk:federal_register_of_legislation:F2024C00262:reg:43
Version: federal_register_of_legislation:F2024C00262
Segment Type: reg
Provision Reference: reg 43
Character Range: 65248–66734

43  When an infringement notice may be given
 (1) If an infringement officer believes on reasonable grounds that a person has committed an offence against a provision subject to an infringement notice under this Part, the infringement officer may give to the person an infringement notice for the alleged offence.
 (2) However, the infringement officer may give to the person an infringement notice for the alleged offence against a provision of Division 5 of Part V of the Act (except subsections 132AQ(5), 132AR(5) and 132AS(5)) only if:
 (a) an infringement officer has informed the person as described in subsection 49(2) of this instrument; and
 (b) the person has agreed to forfeit, and has forfeited, to the Commonwealth all infringing articles and devices relating to the alleged offence in the person's possession at the time the person was informed.
Note 1: Subsection 49(2) is about an infringement officer informing a person about the circumstances in which the person may avoid prosecution for an alleged offence against that Division if an infringement notices is issued.
Note 2: Division 3 of this Part deals with forfeiture of infringing articles and devices relating to alleged offences against provisions of Division 5 of Part V of the Act.
 (3) The infringement notice must be given within 12 months after the day on which the offence is alleged to have taken place.
 (4) A single infringement notice must relate only to a single offence against a single provision.