Document ID: chunk:federal_register_of_legislation:C2024A00128:clause:1_80uc:p2
Version: federal_register_of_legislation:C2024A00128
Segment Type: clause
Provision Reference: sch 1 cl 80UC (pt 2/2)
Character Range: 49735–51436

penalty provisions
 (8) The Commissioner must not apply for an order under Part 4 of the Regulatory Powers Act in relation to a contravention of subsection 13G(1), 13H(1) or 13K(1) or (2) of this Act constituted by particular conduct engaged in by an entity, if:
 (a) the entity has been given a notice under subsection (1) of this section in relation to a contravention constituted by the same conduct; and
 (b) either of the following subparagraphs applies:
 (i) the notice has not been withdrawn, and the entity has complied with the notice;
 (ii) the entity has made an application under section 80UD of this Act in relation to the notice and the application has not been completely dealt with.

Relationship with infringement notices
 (9) A notice must not be given under subsection (1) to an entity in relation to a contravention if:
 (a) the entity has been given an infringement notice under Part 5 of the Regulatory Powers Act in relation to the contravention; and
 (b) the infringement notice has not been withdrawn.
 (10) An infringement notice must not be given to an entity under Part 5 of the Regulatory Powers Act in relation to a contravention of subsection 13K(1) or (2) of this Act if the entity has been given a notice under subsection (1) of this section, in relation to the contravention, that has not been withdrawn or cancelled.

Relationship with enforceable undertakings
 (11) A notice must not be given under subsection (1) to an entity in relation to a contravention if:
 (a) the Commissioner has accepted an undertaking from the entity under Part 6 of the Regulatory Powers Act in relation to the contravention; and
 (b) the undertaking has not been withdrawn or cancelled.