Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:19:p3
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 19 (pt 3/14)
Character Range: 194882–197548

to the relevant civil remedy provision.

4.05  Content of infringement notice
 (1) An infringement notice must:
 (a) specify the recipient's full name; and
 (b) specify the recipient's address; and
 (c) specify the name of the inspector who issued it; and
 (d) specify its date of issue; and
 (e) set out brief details of the alleged contravention, including the civil remedy provision that has been allegedly contravened; and
 (f) specify the penalty for the alleged contravention that is payable under the notice; and
 (g) state where and how the penalty can be paid; and
 (h) specify the maximum penalty that a court could impose on the recipient for the alleged contravention; and
 (i) identify the nominated person; and
 (j) explain how the recipient can apply to the nominated person:
 (i) to have the infringement notice withdrawn; or
 (ii) to be allowed more time to pay the penalty; and
 (k) state the effect of the recipient paying the penalty within the required time, as explained in regulation 4.09; and
 (l) be signed by the inspector who issued it.
 (2) The infringement notice may contain any other information that the inspector who issues it thinks necessary.
 (3) If a maximum penalty for a serious contravention of a civil remedy provision is specified in subsection 539(2) of the Act, the penalty specified in accordance with paragraph (1)(f) of this regulation in an infringement notice given to a person in respect of an alleged contravention of that civil remedy provision must not exceed one‑tenth of the maximum penalty that a court could have ordered the person to pay under section 546 of the Act for a contravention of that civil remedy provision that is not a serious contravention.
Note: If there is no maximum penalty for a serious contravention of a civil remedy provision specified in subsection 539(2) of the Act, the maximum penalty payable under an infringement notice for an alleged contravention of that civil remedy provision is one‑tenth of the maximum penalty that a court could impose: see subsection 558(2) of the Act.

4.06  Time for payment of penalty
 (1) The penalty stated in an infringement notice must be paid within 28 days after the day on which the notice is served on the recipient unless subregulation (2), (3) or (4) applies.
 (2) If the recipient applies for a further period of time in which to pay the penalty, and the application is granted, the penalty must be paid within the further period allowed.
 (3) If the recipient applies for a further period of time in which to pay the penalty, and the application is refused, the penalty must be paid within 7 days after the notice of the refusal is served on