Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p93
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 93/100)
Character Range: 282200–284808

the person does not comply with an infringement notice for the offence; or
 (e) limit or otherwise affect the penalty that may be imposed by a court on a person convicted of an offence.

11.10  Definition for Division—authorised person
  In this Division:
authorised person means:
 (a) a law enforcement officer; or
 (b) a maritime security inspector.

11.15  Amount of penalty if infringement notice issued
  The penalty for an offence payable under an infringement notice issued to a person for the offence is one‑fifth of the maximum penalty that a court could impose on the person for the offence.

11.20  Authorised persons may issue infringement notices
 (1) In this regulation:
infringement notice offence means an offence:
 (a) against any provision of the Act (other than subsection 43(1), 62(1) or 100C(1)) a contravention of which is an offence of strict liability; or
 (b) against a provision of these Regulations (being an offence that is an offence of strict liability).
 (2) If an authorised person has reason to believe that a person has committed an infringement notice offence, the authorised person may issue a notice (called an infringement notice) to the person for the offence.

11.25  Contents of infringement notice
 (1) An infringement notice:
 (a) must bear a unique number; and
 (b) must state the name of the authorised person who issued it, and:
 (i) if he or she is a law enforcement officer (other than a customs officer)—the name of the police force or police service of which he or she is a member; or
 (ii) if he or she is a customs officer or a maritime security inspector—that fact; and
 (c) must state its date of issue; and
 (d) must state the full name, or the surname and initials, and the address, of the person to whom it is issued; and
 (e) must give brief details of the alleged offence for which it is issued, including:
 (i) the date and time of the offence; and
 (ii) where the offence happened; and
 (iii) the provision of the Act or these Regulations contravened; and
 (f) must state the penalty for the offence payable under the notice; and
 (g) must state where and how that penalty can be paid (including, if the penalty can be paid by posting the payment, the place to which it should be posted); and
 (h) must state that if the person to whom it is issued (the recipient) pays the penalty within 28 days after the day when the notice is served (or any longer time allowed in writing by the Secretary), then:
 (i) any liability of the recipient for the offence will be discharged; and
 (ii) the recipient will not be prosecuted in a court for the offence;