Document ID: chunk:federal_register_of_legislation:F2024C00392:clause:1_79
Version: federal_register_of_legislation:F2024C00392
Segment Type: clause
Provision Reference: sch 1 cl 79
Character Range: 96719–98002

79   Infringement notices and infringement penalties
 (1) An authorised officer who believes on reasonable grounds that a person has committed an infringement notice offence may serve the person with an infringement notice as an alternative to prosecution in court for the offence. (CEB 125)
 (2) The infringement penalty for an infringement notice offence is:
 (a) for an offence against this Act (other than an offence against the {subordinate law})—the amount specified in column 2 of Schedule 1.1 for the offence; or
 (b) for an offence against the {subordinate law}—the amount specified in the {subordinate law} as the infringement penalty for the offence. (CEB 125 + new)
 (3) The infringement penalty for an offence must not exceed 20% of the maximum penalty that could be imposed on an individual by a court in respect of the offence. (CEB 125)
 (4) In this section:
infringement notice offence means an offence declared to be an offence for which an infringement notice may be served. (new)
infringement penalty means the monetary penalty that a person who is served with an infringement notice may, as an alternative to having the matter dealt with by a court, pay to dispose of the matter. (new)

Part 7—General court‑based sanctions

Division 1—Proceedings for offences