Document ID: chunk:federal_register_of_legislation:C2021C00356:clause:3_3
Version: federal_register_of_legislation:C2021C00356
Segment Type: clause
Provision Reference: sch 3 cl 3
Character Range: 83772–85456

3  Matters to be included in an infringement notice
 (1) An infringement notice must:
 (a) set out the name of the person to whom the notice is given; and
 (b) set out the name of the authorised officer who gave the notice; and
 (c) either:
 (i) set out brief details of each of the alleged civil contraventions; or
 (ii) be accompanied by one or more data processing devices that contain, in electronic form, brief details of each of the alleged civil contraventions; and
 (d) contain a statement to the effect that the matter or matters will not be dealt with by the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) if the penalty specified in the notice is paid to the ACMA, on behalf of the Commonwealth, within:
 (i) 28 days after the notice is given; or
 (ii) if the ACMA allows a longer period—that longer period; and
 (e) give an explanation of how payment of the penalty is to be made; and
 (f) set out such other matters (if any) as are specified by the regulations.
Note: For the amount of penalty, see clause 4.
 (2) For the purposes of paragraph (1)(c), the brief details must include the following information in relation to each alleged civil contravention:
 (a) the date of the alleged contravention;
 (b) the civil penalty provision that was allegedly contravened.
 (3) Subparagraph (1)(c)(ii) does not authorise the inclusion of information in a data processing device unless, at the time the infringement notice was given, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference.
 (4) This clause does not limit the operation of the Electronic Transactions Act 1999.