Document ID: chunk:federal_register_of_legislation:F2024C00986:reg:1:p32
Version: federal_register_of_legislation:F2024C00986
Segment Type: reg
Provision Reference: reg 1 (pt 32/35)
Character Range: 84781–87321

offence.
Note: The infringement notice penalty in respect of an offence is set at one‑fifth of the maximum fine that a court could impose for the offence—see Act, s. 111(2).

5.04  Extension of time to pay
 (1) On written application by a person on whom an infringement notice has been served, the Secretary or an airport building controller may permit, if satisfied that in all the circumstances it is proper to do so, a further period for payment of the infringement notice penalty, whether or not the period of 28 days after the date of service of the notice has ended.
 (2) If application is made after the end of the 28 day period, the application must include an explanation setting out why the alleged offender could not deal with the notice within that period.
 (3) The Secretary or airport building controller must:
 (a) grant or refuse a further period; and
 (b) give the applicant written notice of the decision; and
 (c) if the decision is a refusal—mention in the notice the reasons for refusal.
 (4) The person must pay the penalty:
 (a) if a further period is granted—before the end of that period; or
 (b) if the decision is a refusal—before the later of:
 (i) the end of a period 7 days after receiving notice of the refusal; or
 (ii) the end of the period of 28 days after the date of service of the notice.

5.05  Payment by instalments
 (1) If the Secretary, or an airport building controller, is satisfied that in all the circumstances it is proper to do so, he or she may make an arrangement with a person on whom an infringement notice has been served (whether or not the period of 28 days after the date of service of the notice has ended) for the payment of the amount of the infringement notice penalty by instalments.
 (2) The Secretary or airport building controller must:
 (a) grant or refuse to make an arrangement; and
 (b) give the applicant written notice of the decision; and
 (c) if the decision is a refusal—mention in the notice the reasons for refusal.
 (3) The person must pay the penalty:
 (a) if an arrangement is made—in accordance with the arrangement; or
 (b) if the decision is a refusal—before the end of the later of:
 (i) the 28 day period; and
 (ii) the period of 7 days following receipt of notice of the refusal.

5.06  If infringement notice disputed
 (1) Whether or not a notice is received under subregulation (2), the Secretary, if satisfied that in all the circumstances it is proper to do so, may withdraw an infringement notice.
 (2) If, before the end of 28 days after receiving an