Document ID: chunk:federal_register_of_legislation:F2016C00699:clause:1_38
Version: federal_register_of_legislation:F2016C00699
Segment Type: clause
Provision Reference: sch 1 cl 38
Character Range: 44331–45849

38  Infringement notices
 (1) The regulations may provide for a person to be served with an infringement notice requiring payment of a penalty for an offence (not exceeding the penalty that would otherwise apply) against the regulations as an alternative to prosecution in court for the offence.
 (2) The regulations must specify:
 (a) the offences to which the alternative applies; and
 (b) the time within which the penalty must be paid.
 (3) A Competent Authority may withdraw an infringement notice by serving a notice on the person on whom the infringement notice was served.
 (4) If a person pays the fixed penalty and any prescribed costs, and the infringement notice is later withdrawn, the person is entitled to a refund of the penalty.
 (5) If a person pays the fixed penalty and any prescribed costs within:
 (a) the time specified in the infringement notice; or
 (b) a longer period:
 (i) specified in a reminder notice given to the person; or
 (ii) allowed by the person who issued the notice;
  and before a summons is served on the person in respect of the alleged offence;
a prosecution in court is not to be taken against the person for the offence and a conviction must not be recorded against the person for the offence.
 (6) A prosecution in court may be taken or continued for the offence if:
 (a) the person served with the infringement notice does not pay the fixed penalty and any prescribed costs within the period referred to in subsection (5); or
 (b) the infringement notice is withdrawn.