Commonwealth Consolidated Acts

FUEL QUALITY STANDARDS ACT 2000 - SECT 65M

  (1)   An infringement notice must:

  (a)   be identified by a unique number; and

  (b)   state the day on which the notice is given; and

  (c)   state the name of the person to whom the notice is given; and

  (d)   state the name of the person who gave the notice; and

  (e)   if the notice relates to an offence--give brief details of the offence that the person is alleged to have committed, including:

  (i)   the provision of this Act that was allegedly contravened; and

  (ii)   the maximum penalty that a court could impose for the offence; and

  (iii)   the time (if known) and day on which, and the place at which, the offence was alleged to have been committed; and

  (f)   if the notice relates to the contravention of a civil penalty provision--give brief details of the civil penalty provision that the person is alleged to have contravened, including:

  (i)   the provision of this Act that was allegedly contravened; and

  (ii)   the maximum penalty that a court could impose for the contravention; and

  (iii)   the time (if known) and day on which, and the place at which, the civil penalty provision was alleged to have been contravened; and

  (g)   state the penalty that is payable under the notice; and

  (h)   give an explanation of how payment of the penalty is to be made; and

  (i)   state that, if the person pays the penalty within 28 days after the day the notice is given, criminal or civil proceedings will not be brought against the person under this Act in respect of the conduct to which the notice relates, unless the notice is withdrawn; and

  (j)   state that payment of the penalty is not an admission of guilt or liability; and

  (k)   state that the person may apply to the Secretary to have the period in which to pay the penalty extended; and

  (l)   state that the person may choose not to pay the penalty and, if the person does so, criminal or civil proceedings may be brought against the person under this Act in respect of the conduct to which the notice relates; and

  (m)   set out how the notice can be withdrawn; and

  (n)   state that if the notice is withdrawn:

  (i)   any amount of penalty paid under the notice must be refunded; and

  (ii)   criminal or civil proceedings may be brought against the person in respect of the conduct to which the notice relates; and

  (o)   state that the person may make written representations to the Secretary seeking the withdrawal of the notice; and

  (p)   set out such other matters (if any) as are specified by the regulations.

  (2)   For the purposes of paragraph   (1)(g) in relation to an offence:

  (a)   if an individual is alleged to have committed the offence--the penalty to be stated in the notice must not exceed an amount equal to one - fifth of the maximum penalty that could have been imposed on the individual for the offence; and

  (b)   if a body corporate is alleged to have committed the offence--the penalty to be stated in the notice must not exceed an amount equal to one - fifth of the maximum penalty that could have been imposed on the body corporate for the offence.

  (3)   For the purposes of paragraph   (1)(g) in relation to a civil penalty provision, the penalty to be stated in the notice must not exceed an amount equal to one - fifth of the maximum penalty prescribed for contravening the provision.