Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p37
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 92529–95359

this Division;
is evidence of those facts.
 (2) At the hearing of a prosecution for an alleged offence specified in an infringement notice, a certificate signed by an airport environment officer and stating that the notice was withdrawn on a day specified in the certificate is evidence of that fact.
 (3) A certificate that purports to have been signed by an airport environment officer is taken to have been signed by that officer unless the contrary is proved.

8.13  Payment of penalty by cheque
  If a cheque is given to the Commonwealth in payment of all or part of the amount of an infringement notice penalty, the payment is taken not to have been made unless the cheque is honoured on presentation.

8.14  Infringement notice not compulsory, etc
  Nothing in this Division is to be taken to:
 (a) require that a person suspected of having contravened a provision of these regulations be served an infringement notice; or
 (b) affect the liability of a person to be prosecuted for an alleged offence, if:
 (i) an infringement notice is not served on the person for the offence; or
 (ii) an infringement notice is served, and withdrawn; or
 (c) limit the penalty that may be imposed by a court on a person convicted of an offence.

Part 9—Reconsideration and review of certain decisions

Division 1—Decisions of airport environment officer

9.01  Decisions reviewable by Secretary
 (1) Application may be made by a person affected by a decision of an airport environment officer for review, by the Secretary, of the decision:
 (a) under subregulation 5.09(1)—to grant, refuse, or grant conditionally, an authorisation; or
 (b) under subregulation 5.16(1)—to revoke, vary or refuse to vary, an authorisation; or
 (c) under subregulation 5.19(2)—that assignment of an authorisation is not permitted; or
 (d) under subregulation 6.01(2)—to direct an occupier to give a copy of information; or
 (f) under subregulation 6.14(3)—to refuse to approve a remedial plan; or
 (g) under regulation 6.18—to direct a person to carry out remedial work; or
 (h) under subregulation 7.01(1)—to direct compliance with a duty under regulation 4.01; or
 (i) under subregulation 7.02(1)—to direct compliance with a duty under regulation 4.04; or
 (j) under subregulation 7.03(1)—to direct compliance with a duty under regulation 4.06; or
 (k) under subregulation 7.06(1)—to direct compliance with a condition of an authorisation, or to direct compliance in a particular way.
 (2) An application must be in writing and must set out the reasons for the application.

9.02  Review by Secretary
 (1) On application under regulation 9.01, the Secretary must review the decision to which the application relates and must:
 (a) affirm the decision; or
 (b) substitute his or her decision for the decision reviewed.
 (2) The Secretary must give written