Document ID: chunk:federal_register_of_legislation:C2015C00044:clause:1_243x
Version: federal_register_of_legislation:C2015C00044
Segment Type: clause
Provision Reference: sch 1 cl 243X
Character Range: 37442–38723

243X  Infringement notices—general
 (1) A regulation may make provision enabling a person who is alleged to have committed an offence of strict liability or of absolute liability against this Act to pay to the Commonwealth a penalty specified in a notice (an infringement notice) as an alternative to prosecution.
 (2) The penalty must not exceed either:
 (a) one‑quarter of the maximum fine that a court could impose on the person as a penalty for that offence; or
 (b) subject to subsection (3), whichever of the following applies:
 (i) 15 penalty units if the person is an individual;
 (ii) 75 penalty units if the person is a body corporate.
Note: Because of subsection 4B(3) of the Crimes Act 1914, the maximum penalty that may be specified in accordance with paragraph (a) in an infringement notice given to a body corporate may be 5 times greater than the maximum penalty that may be specified in accordance with that paragraph in an infringement notice given to an individual.
 (3) Paragraph (2)(b) does not apply if:
 (a) the penalty for the offence may be determined wholly or partly by reference to:
 (i) an amount of duty that may be, or would have been, payable; or
 (ii) the value of particular goods; and
 (b) it is possible to determine that amount or that value.