Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p34
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 85242–87806

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 in relation to the alleged offence, time for payment of the penalty will be extended to the extent necessary to enable a decision to be made in relation to those facts or matters;
 (i) a statement that, if the infringement notice penalty is paid in time:
 (i) the person's liability in respect of the offence is discharged; and
 (ii) further proceedings cannot be taken against the person for the offence; and
 (iii) the person is not taken to have been convicted of the offence;
 (j) a statement to the effect that, if none of the things mentioned in paragraph (f) or (h) is done within the time specified, the person may be prosecuted in relation to the alleged offence;
 (k) the name of the airport environment officer by whom the notice is served.
 (3) An infringement notice may contain any other information that the airport environment officer considers necessary.
 (4) The notice must be served on the person not more than 12 months after the alleged commission of the offence.
Note: The infringement notice penalty in respect of an offence is set at one‑fifth of the maximum fine that a court could impose for the offence—see Act, s. 138(2).

8.04  Extension of time to pay
 (1) On written application by a person on whom an infringement notice has been served, the Secretary or an airport environment officer may permit, if satisfied that in all the circumstances it is proper to do so, a further period for payment of the infringement notice penalty, whether or not the period of 28 days after the date of service of the notice has ended.
 (2) If application is made after the end of the 28 day period, the application must include an explanation why the alleged offender could not deal with the notice within that period.
 (3) The Secretary or airport environment officer must:
 (a) grant or refuse a further period; and
 (b) give the applicant written notice of the decision; and
 (c) if the decision is a refusal—mention in the notice the reasons for refusal.
 (4) The person must pay the penalty:
 (a) if a further period is granted—before the end of that period; or
 (b) if the decision is a refusal—before:
 (i) the end of a period 7 days after receiving notice of the refusal; or
 (ii) the end of the period of 28 days after the date of service of the notice;
  whichever event occurs later.

8.05  Payment by instalments
 (1)