Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:19:p2
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 19 (pt 2/14)
Character Range: 192395–195137

This Division does not:
 (a) require an infringement notice to be issued to a person for an alleged contravention of a civil remedy provision; or
 (b) affect the liability of a person to proceedings for contravention of a civil remedy provision if an infringement notice is not issued to the person for the alleged contravention; or
 (c) affect the liability of a person to proceedings for contravention of a civil remedy provision if the person does not comply with an infringement notice for the alleged contravention; or
 (d) limit or otherwise affect the penalty that may be imposed by a court on a person for a contravention other than the contravention of the civil remedy provision for which the infringement notice was issued.

4.03  Definitions for Division 4
  In this Division:
civil remedy provision means a civil remedy provision in:
 (a) item 29 or 29AA of the table in subsection 539(2) of the Act; or
 (b) items 4 to 19 of the table in subregulation 4.01A(2).
contravention means a contravention of a civil remedy provision.
infringement notice means an infringement notice under regulation 4.04.
nominated person means the person to whom a recipient can apply:
 (a) to have an infringement notice withdrawn; or
 (b) to be allowed more time to pay a penalty.
recipient means a person to whom an infringement notice is given under subregulation 4.04(1).

4.03A  Course of conduct
  For paragraph 557(2)(s) of the Act, each civil remedy provision mentioned in items 4 to 19 of the table in subregulation 4.01A(2) is prescribed.

4.04  When an infringement notice can be given
 (1) If an inspector reasonably believes that a person has committed 1 or more contraventions of a particular civil remedy provision, the inspector may give to the person an infringement notice relating to the alleged contravention or contraventions.
 (2) An infringement notice must be given within 12 months after the day on which the contravention or contraventions are alleged to have taken place.
 (3) This regulation does not authorise the giving of 2 or more infringement notices to a person in relation to contraventions of a particular civil remedy provision that:
 (a) allegedly took place on the same day; and
 (b) allegedly relate to the same action or conduct by the person.
 (4) An inspector must not give an infringement notice in respect of a contravention if the Fair Work Ombudsman has accepted an enforceable undertaking from the person under section 715 of the Act in relation to the relevant civil remedy provision.

4.05  Content of infringement notice
 (1) An infringement notice must:
 (a) specify the recipient's full name; and
 (b) specify the recipient's address; and
 (c) specify the name of the inspector who issued it; and