Document ID: chunk:federal_register_of_legislation:C2015A00150:clause:1_100
Version: federal_register_of_legislation:C2015A00150
Segment Type: clause
Provision Reference: sch 1 cl 100
Character Range: 135165–137772

100  Infringement notices

Provisions subject to an infringement notice
 (1) The provisions of Subdivision C of Division 3 (civil penalties relating to residential land) are subject to an infringement notice under Part 5 of the Regulatory Powers Act.
Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer
 (2) For the purposes of Part 5 of the Regulatory Powers Act, a person appointed under subsection (3) is an infringement officer in relation to the provisions mentioned in subsection (1).
 (3) The Secretary may, in writing, appoint a person who holds, or performs the duties of, an APS 6 position, or an equivalent or higher position, within the Department or the Australian Taxation Office.

Relevant chief executive
 (4) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).
 (5) Subparagraphs 104(1)(e)(ii) and (iii), and subsection 104(2), of the Regulatory Powers Act do not apply in relation to an infringement notice given in relation to an alleged contravention of:
 (a) for subparagraphs 104(1)(e)(ii) and (iii) of the Regulatory Powers Act—the following provisions of this Act:
 (i) section 94 (acquisition of interests in residential land);
 (ii) section 95 (acquisitions of interests in established dwellings);
 (iii) section 96 (contravening conditions in relation to residential land); and
 (b) for subsection 104(2) of the Regulatory Powers Act—the following provisions of this Act:
 (i) section 94 (acquisition of interests in residential land);
 (ii) section 95 (acquisitions of interests in established dwellings);
 (iii) section 96 (contravening conditions in relation to residential land);
 (iv) section 97 (persons contravening conditions).
 (6) The amount to be stated in an infringement notice for the purposes of paragraph 104(1)(f) of the Regulatory Powers Act for the alleged contravention of a civil penalty provision mentioned in subsection (1) of this section is:
 (a) for a tier 1 infringement notice (see subsection 101(1)):
 (i) given to an individual—12 penalty units; and
 (ii) given to a corporation—60 penalty units; and
 (b) for a tier 2 infringement notice (see subsection 101(2)):
 (i) given to an individual—60 penalty units; and
 (ii) given to a corporation—300 penalty units.

Extension to external Territories
 (7) Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.