Document ID: chunk:federal_register_of_legislation:C2024C00823:section:270:p1
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 270 (pt 1/2)
Character Range: 475421–478218

270  Infringement notices

Provisions subject to an infringement notice
 (1) The following provisions of this Act are subject to an infringement notice under Part 5 of the Regulatory Powers Act:
 (a) subsection 46(3);
 (b) subsection 47(3);
 (c) subsection 113(1);
 (d) section 117;
 (e) subsection 118(1);
 (f) subsection 160(5);
 (g) subsection 160(6);
 (h) subsection 160(7);
 (i) subsection 160(9);
 (j) subsection 165(1);
 (k) subsection 170(1);
 (l) subsection 170(2);
 (m) subsection 170(3);
 (n) subsection 188(2);
 (o) subsection 195(1);
 (p) section 197;
 (q) subsection 284F(4);
 (r) subsection 284S(4);
 (s) subsection 300(4);
 (t) subsection 300A(1);
 (u) subsection 300A(3);
 (v) subsection 300A(5);
 (w) subsection 300B(2);
 (x) section 300C.
Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer
 (2) For the purposes of Part 5 of the Regulatory Powers Act, each of the following:
 (a) a member of the staff of the ACMA authorised, in writing, by the ACMA for the purposes of this subsection;
 (b) the Chair of the ACMA;
is an infringement officer in relation to the provisions mentioned in subsection (1).

Relevant chief executive
 (3) For the purposes of Part 5 of the Regulatory Powers Act, the Chair of the ACMA is the relevant chief executive in relation to the provisions mentioned in subsection (1).
 (4) The relevant chief executive may, in writing, delegate any or all of the relevant chief executive's powers and functions under Part 5 of the Regulatory Powers Act to a person who is:
 (a) a member of the staff of the ACMA; and
 (b) an SES employee or an acting SES employee.
 (5) A person exercising powers or performing functions under a delegation under subsection (4) must comply with any directions of the relevant chief executive.

Withdrawal of notice
 (6) For the purposes of Part 5 of the Regulatory Powers Act, as it applies to the provisions mentioned in subsection (1), if:
 (a) an infringement notice has been given to a person under that Part, as it applies to those provisions; and
 (b) the relevant chief executive is deciding whether or not to withdraw the infringement notice;
section 106 of that Act has effect as if it provided that, when so deciding, the relevant chief executive may (in addition to the matters set out in paragraph 106(3)(b) of that Act) take into account whether:
 (c) the owner of a thing has agreed, in accordance with a forfeiture notice, to forfeit the thing to the Commonwealth; and
 (d) the forfeiture notice relates to a contravention that is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention in the infringement notice.

Effect of payment of amount
 (7) If:
 (a) a person is