Document ID: chunk:federal_register_of_legislation:C2014C00508:clause:3_145db
Version: federal_register_of_legislation:C2014C00508
Segment Type: clause
Provision Reference: sch 3 cl 145DB
Character Range: 378327–380420

145DB  Matters to be included in an infringement notice
 (1) An infringement notice must:
 (a) be identified by a unique number; and
 (b) state the day it is given; and
 (c) state the name of the person to whom the notice is given; and
 (d) state the name of the person who gave the notice; and
 (e) give brief details of the alleged contravention, including:
 (i) the provision that was allegedly contravened; and
 (ii) the maximum penalty that a court could impose for the contravention; and
 (iii) the time (if known) and day of, and the place of, the alleged contravention; and
 (f) state the amount that is payable under the notice, and that the amount is payable to the Commonwealth; and
 (g) give an explanation of how payment of the amount is to be made; and
 (h) state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) proceedings seeking a civil penalty order will not be brought in relation to the alleged contravention; and
 (i) state that payment of the amount is not an admission of liability; and
 (j) state that the person may apply to the APVMA to have the period in which to pay the amount extended; and
 (k) state that the person may choose not to pay the amount and, if the person does so, proceedings seeking a civil 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 (l) set out how the notice can be withdrawn; and
 (m) state that if the notice is withdrawn proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and
 (n) state that the person may make written representations to the APVMA seeking the withdrawal of the notice.
 (2) For the purposes of paragraph (1)(f), the amount to be stated in the notice for the alleged contravention of the provision must not exceed one‑fifth of the maximum penalty that a court could impose on the person for that contravention.
 (3) The regulations may, subject to subsection (2), provide for a scale of amounts that may apply for an alleged contravention.