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DEFENCE ACT 1903 - SECT 116ZCA

Infringement notices

Provisions subject to an infringement notice

  (1)   A strict liability offence against the by - laws is subject to an infringement notice under Part   5 of the Regulatory Powers Act if the by - laws specify the offence for the purposes of this subsection.

Note:   Part   5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer

  (2)   For the purposes of Part   5 of the Regulatory Powers Act, a ranger is an infringement officer in relation to an offence specified for the purposes of subsection   ( 1).

Relevant chief executive

  (3)   For the purposes of Part   5 of the Regulatory Powers Act, each of the following is a relevant chief executive in relation to an offence specified for the purposes of subsection   ( 1):

  (a)   the Secretary;

  (b)   the Chief of the Defence Force.

  (4)   A relevant chief executive may, in writing, delegate the powers and functions of the relevant chief executive under that Part to any of the following:

  (a)   an SES employee, or an acting SES employee, in the Department;

  (b)   an officer of the Navy who holds the rank of Commodore or a higher rank;

  (c)   an officer of the Army who holds the rank of Brigadier or a higher rank;

  (d)   an officer of the Air Force who holds the rank of Air Commodore or a higher rank.

  (5)   A person exercising powers or performing functions under a delegation under subsection   ( 4) must comply with any directions of the relevant chief executive.

Additional matters to be included in infringement notices

  (6)   In addition to the matters included in subsection   104(1) of the Regulatory Powers Act, an infringement notice given in relation to an alleged contravention of an offence specified for the purposes of subsection   ( 1) of this section must also state who is the relevant chief executive in relation to the offence.

Note:   The relevant chief executive may be the Secretary or the Chief of the Defence Force (see subsection   ( 3)).


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