Document ID: chunk:federal_register_of_legislation:F2024C00943:reg:10
Version: federal_register_of_legislation:F2024C00943
Segment Type: reg
Provision Reference: reg 10
Character Range: 9392–11575

10  Matters to be included in an infringement notice
 (1) An infringement notice must:
 (a) be identified by a unique number; and
 (b) state the day on which it is given; and
 (c) state the name of the person to whom the notice is given; and
 (d) state the name and contact details of the person who gave the notice, and that the person is an infringement officer for the purposes of issuing the infringement notice; and
 (e) give brief details of the alleged contravention, including:
 (i) the provision that was allegedly contravened; and
 (ii) the maximum penalty that a court could impose if the provision were contravened; and
 (iii) the time (if known) and day of, and the place of, the alleged contravention; and
 (f) state the amount that is payable under the notice; and
 (g) give an explanation of how payment of the amount is to be made; and
 (h) state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) proceedings seeking a civil penalty order will not be brought in relation to the alleged contravention; and
 (i) state that payment of the amount is not an admission of guilt or liability; and
 (j) state that the person may apply to the National VET Regulator to have the period in which to pay the amount extended; and
 (k) state that the person may choose not to pay the amount and, if the person does so, proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and
 (l) set out how the notice can be withdrawn; and
 (m) state that if the notice is withdrawn proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and
 (n) state that the person may make written representations to the National VET Regulator seeking the withdrawal of the notice.
Note: An amount payable under an infringement notice in relation to an alleged contravention of a civil penalty provision must not exceed one‑tenth of the maximum penalty prescribed for the contravention: see subsection 149(2) of the Act.
 (2) The notice may include any other matters the infringement officer considers necessary.