Document ID: chunk:federal_register_of_legislation:F2024C00996:reg:9:p2
Version: federal_register_of_legislation:F2024C00996
Segment Type: reg
Provision Reference: reg 9 (pt 2/2)
Character Range: 8252–10707

court for the alleged contravention; or
 (ii) if the infringement notice relates to an offence provision that can also constitute a civil penalty provision—the person may be prosecuted in a court, or proceedings seeking a civil penalty order may be brought, in relation to the alleged contravention; or
 (iii) if the infringement notice relates to a civil penalty provision that does not also constitute an offence provision—proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and
 (iv) if the infringement notice relates to a civil penalty provision that can also constitute an offence provision—the person may be prosecuted in a court, or proceedings seeking a civil penalty order may be brought, in relation to the alleged contravention; and
 (l) set out how the notice can be withdrawn; and
 (m) state that if the notice is withdrawn:
 (i) if the infringement notice relates to an offence provision that does not also constitute a civil penalty provision—the person may be prosecuted in a court for the alleged contravention; or
 (ii) if the infringement notice relates to an offence provision that can also constitute a civil penalty provision—the person may be prosecuted in a court, or proceedings seeking a civil penalty order may be brought, in relation to the alleged contravention; or
 (iii) if the infringement notice relates to a civil penalty provision that does not also constitute an offence provision—proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and
 (iv) if the infringement notice relates to a civil penalty provision that can also constitute an offence provision—the person may be prosecuted in a court, or proceedings seeking a civil penalty order may be brought, in relation to the alleged contravention; and
 (n) state that the person may make written representations to the Regulator seeking the withdrawal of the notice; and
 (o) state any other information that the Regulator considers necessary.
 (2) Unless another Act expressly provides otherwise, the amount to be stated in the notice for the purposes of paragraph (1)(f) for the alleged contravention of the provision by the person must be the lesser of:
 (a) one‑tenth of the maximum penalty that a court could impose on the person for that contravention; or
 (b) 6 penalty units where the person is an individual, or 30 penalty units where the person is a body corporate.