Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:46:p1
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 46 (pt 1/19)
Character Range: 346118–348796

46    Western Indian Ocean Tuna Organization (WIOTO)

Division 14.2—Infringement notices

14.02  Purpose of Division 14.2
  For subsection 497(1) of the Act, this Division provides a procedure under which a person who is alleged to have committed an offence against section 142B of the Act or a regulation mentioned in Schedule 10 may, as an alternative to having the matter dealt with by a court, dispose of the matter by payment of a monetary penalty (an infringement notice penalty) specified in a notice (an infringement notice) served on the person.

14.03  Infringement notices
 (1) If there are reasonable grounds for believing that a person has committed an offence against section 142B of the Act or a regulation mentioned in Schedule 10, a ranger or an authorised officer may serve an infringement notice, or cause an infringement notice to be served, on the person in accordance with regulation 14.04.
 (2) The notice must set out the following information:
 (a) the name and address of the person served (unless the notice is served in accordance with subparagraph 14.04(1)(c)(ii));
 (b) the provision of the Act or these Regulations that it is alleged has been contravened;
 (c) details of the alleged offence, including:
 (i) the day, and (if appropriate) the time, on which it is alleged to have been committed; and
 (ii) the place at which it is alleged to have been committed;
 (d) the maximum penalty that may be imposed by a court for the offence;
 (e) the amount payable as the infringement notice penalty;
 (f) a statement that, if the person prefers that the matter not be dealt with by a court, he or she may signify that preference by paying the infringement notice penalty:
 (i) before the end of 28 days after the day the notice is served; or
 (ii) if a further period is allowed by the Director or Secretary under regulation 14.05—before the end of that further period; or
 (iii) if payment by instalments is permitted under regulation 14.06—in accordance with the permission;
 (g) how, and where, the infringement notice penalty may be paid;
 (h) a statement that if, before the end of 28 days after service of the notice, the person notifies the Director or Secretary, in the manner set out in the infringement notice, of any facts or matters that the person believes ought to be taken into account in relation to the alleged offence:
 (i) time for payment of the penalty will be extended to the extent necessary to enable a decision to be made about those facts or matters; and
 (ii) the Director or Secretary must consider the matters mentioned in subregulation 14.07(5);
 (i) a statement that, if the infringement notice penalty is paid in time: