Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:6:p32
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 6 (pt 32/38)
Character Range: 836097–839167

corporate—45 penalty units.

Division 5.5—Infringement notices

5.21  Interpretation
  In this Division:
authorised officer includes the Secretary.
business visa has the same meaning as in section 137 of the Act.
civil penalty provision means any of the following provisions of the Act:
 (a) subsection 140Q(1);
 (b) subsection 140Q(2);
 (ba) subsection 140RB(5);
 (c) subsection 140XE(3);
 (d) subsection 140XF(3);
 (da) subsection 245AAA(4);
 (db) subsection 245AAB(4);
 (dc) subsection 245AAC(4);
 (e) subsection 245AB(5);
 (f) subsection 245AC(5);
 (g) subsection 245AE(5);
 (h) subsection 245AEA(5);
 (i) subsection 245AR(5);
 (j) subsection 245AS(1);
 (k) subsection 245AYL(4);
 (l) subsection 245AYN(3);
 (m) subsection 245AYP(5).
infringement notice means a notice under regulation 5.22.
infringement notice penalty:
 (a) for an offence—means the penalty prescribed by regulation 5.20 for the offence; and
 (b) for a civil penalty provision—means the penalty prescribed by regulation 5.20A for the civil penalty provision.
offence means a contravention of:
 (a) section 137, 229 or 230 of the Act; or
 (b) subsection 245N(2) of the Act.
sponsorship‑related civil penalty provision means any of the following provisions of the Act:
 (a) subsection 140Q(1);
 (b) subsection 140Q(2);
 (ba) subsection 140RB(5);
 (c) subsection 140XE(3);
 (d) subsection 140XF(3).
work‑related civil penalty provision means any of the following provisions of the Act:
 (aa) subsection 245AAA(4);
 (ab) subsection 245AAB(4);
 (ac) subsection 245AAC(4);
 (a) subsection 245AB(5);
 (b) subsection 245AC(5);
 (c) subsection 245AE(5);
 (d) subsection 245AEA(5);
 (e) subsection 245AYL(4);
 (f) subsection 245AYN(3);
 (g) subsection 245AYP(5).

5.22  When can an infringement notice be served?
 (1) If an authorised officer has reason to believe that a person has committed an offence or has contravened a civil penalty provision, the officer may cause an infringement notice to be served on the person in accordance with this Division.
 (2) An infringement notice must be served within 12 months of the date on which, or the last day of the period over which, an offence is alleged to have been committed or a civil penalty provision is alleged to have been contravened.
 (3) An infringement notice must not be served on a person in relation to:
 (a) a failure to satisfy a sponsorship obligation prescribed in regulation 2.78; or
 (b) a failure to satisfy a sponsorship obligation prescribed in regulation 2.85.
Note: Regulation 2.78 prescribes an obligation to cooperate with inspectors. Regulation 2.85 prescribes an obligation to secure an offer of a reasonable standard of accommodation for a primary sponsored person or secondary sponsored person.

5.23  What must an infringement notice contain?
 (1) An infringement notice must:
 (a) state the name of the authorised officer who caused the notice to be served; and
 (b) if the notice is for the alleged commission of an offence—set out:
 (i) the day on which the offence is alleged to have been committed; and
 (ii) if the offence