Document ID: chunk:federal_register_of_legislation:C2024C00118:section:104:p2
Version: federal_register_of_legislation:C2024C00118
Segment Type: section
Provision Reference: s 104 (pt 2/3)
Character Range: 112732–115321

and would also constitute a contravention of a civil penalty provision—the person may be prosecuted in a court, or proceedings seeking a pecuniary penalty order may be brought, in relation to the alleged contravention; or
 (iii) if the alleged contravention is of a civil penalty provision—proceedings seeking a pecuniary penalty order may be brought in relation to the alleged contravention; and
 (l) set out how the notice can be withdrawn; and
 (m) state that if the notice is withdrawn:
 (i) if the alleged contravention is of an offence provision and would not also constitute a contravention of a civil penalty provision—the person may be prosecuted in a court for the alleged contravention; or
 (ii) if the alleged contravention is of an offence provision and would also constitute a contravention of a civil penalty provision—the person may be prosecuted in a court, or proceedings seeking a pecuniary penalty order may be brought, in relation to the alleged contravention; or
 (iii) if the alleged contravention is of a civil penalty provision—proceedings seeking a pecuniary penalty order may be brought in relation to the alleged contravention; and
 (n) state that the person may make written representations to the relevant chief executive seeking the withdrawal of the notice.
 (2) If the notice relates to only one alleged contravention of the provision by the person, the amount to be stated in the notice for the purposes of paragraph (1)(f) is the lesser of:
 (a) one‑fifth of the maximum penalty that a court could impose on the person for that contravention; and
 (b) 12 penalty units where the person is an individual, or 60 penalty units where the person is a body corporate.
 (3) If the notice relates to more than one alleged contravention of the provision by the person, the amount to be stated in the notice for the purposes of paragraph (1)(f) is the lesser of:
 (a) one‑fifth of the amount worked out by adding together the maximum penalty that a court could impose on the person for each alleged contravention; and
 (b) either:
 (i) if the person is an individual—the number of penalty units worked out by multiplying the number of alleged contraventions by 12; or
 (ii) if the person is a body corporate—the number of penalty units worked out by multiplying the number of alleged contraventions by 60.
Note: Under section 103, a single infringement notice may only deal with multiple contraventions if they are contraventions of a single provision continuing over a period.
 (4) Subsections (2) and (3) do not apply if another Act expressly provides otherwise.