Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p33
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 82824–85461

expired.
 (5) For subsection 132(2) of the Act, the maximum number of penalty units for a contravention of subregulation (2) is 250 penalty units.
Note: See also Part 15 of the Act, which provides for the grant of injunctions for certain contraventions of the Act.

Part 8—General penalty provisions

Division 1—Continuing offences

8.01  Continuing offences
  For the purposes of section 4K of the Crimes Act 1914, a requirement in a provision of Part 6 or Part 7 to do, or not do, an act or thing is a requirement that arises every day and is to be complied with on that day.

Division 2—Infringement notices

8.02  Purpose of this Division
  The purpose of this Division is to provide a procedure under which a person who is alleged to have committed an offence against Part 6 of the Act or these regulations 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.

8.03  Infringement notices
 (1) If an airport environment officer believes, on reasonable grounds, that a person has committed an offence against these regulations, the airport officer may serve an infringement notice, or cause an infringement notice to be served, on the person.
 (2) The notice must set out the following information:
 (a) the name and address of the person served;
 (b) the provision of 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 an airport environment officer under regulation 8.04—before the end of that further period; or
 (iii) if payment by instalments is permitted under regulation 8.05—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 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