Commonwealth Consolidated Acts Commonwealth Consolidated ActsProvisions subject to an infringement notice
(1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:
(a) subsection 249(2);
(b) subsection 284(5);
(c) subsection 286A(7);
(ca) subsection 452A(7);
(d) subsection 508(4);
(e) subsection 509(4);
(f) subsection 575(4);
(g) subsection 602K(6);
(h) subsection 697(3);
(i) subclause 6(3) of Schedule 3, in its application to a contravention of subclause 6(2) of that Schedule;
(j) subclause 82(9) of Schedule 3;
(k) subclause 83(4) of Schedule 3.
Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.
(2) The following table has effect.
Infringement officers | ||
Item | For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons ... | is an infringement officer in relation to the following provisions in this Act ... |
1 | The Chief Executive Officer of NOPSEMA | (a) subsection 286A(7); (aa) subsection 452A(7); (b) subsection 575(4); (c) subsection 602K(6); (d) subclause 6(3) of Schedule 3; (e) subclause 82(9) of Schedule 3; (f) subclause 83(4) of Schedule 3. |
2 | (a) subsection 249(2); (b) subsection 284(5); (c) subsection 286A(7); (ca) subsection 452A(7); (d) subsection 508(4); (e) subsection 509(4); (f) subsection 697(3). | |
3 | (a) subsection 249(2); (b) subsection 284(5); (c) subsection 286A(7); (ca) subsection 452A(7); (d) subsection 508(4); (e) subsection 509(4); (f) subsection 575(4); (g) subsection 602K(6); (h) subsection 697(3); (i) subclause 6(3) of Schedule 3; (j) subclause 82(9) of Schedule 3; (k) subclause 83(4) of Schedule 3. | |
(3) For the purposes of Part 5 of the Regulatory Powers Act, the relevant chief executive in relation to an infringement notice is as follows:
(a) the Chief Executive Officer of NOPSEMA, if the notice may be issued by the Chief Executive Officer of NOPSEMA;
(b) the Secretary, if the notice may be issued by the Titles Administrator;
(c) if the notice may be issued by either the Chief Executive Officer of NOPSEMA or the Titles Administrator--either of them.
(4) If the Secretary is the relevant chief executive, he or she may, in writing, delegate to an SES employee, or acting SES employee, in the Department the power to extend the period referred to in paragraph 104(1)(j) of the Regulatory Powers Act.
Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 .
Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901 .
Note 3: If the Chief Executive Officer of NOPSEMA is the relevant chief executive, see section 675 for the power to delegate.
(5) A person exercising power under a delegation under subsection (4) must comply with any written directions of the relevant chief executive.
Single infringement notice may deal with more than one contravention
(6) Despite subsection 103(3) of the Regulatory Powers Act, a single infringement notice may be given to a person in respect of:
(a) 2 or more alleged contraventions of a provision mentioned in subsection (1); or
(b) alleged contraventions of 2 or more provisions mentioned in subsection (1).
However, the notice must not require the person to pay more than one amount in respect of the same conduct.
Regulations may set out other matters to be included
(7) A regulation made under this Act may set out any other matters that are to be included in an infringement notice given in relation to a contravention of a provision mentioned in subsection (1).
Extension to offshore areas
(8) Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to each offshore area.
Extension to external Territories etc.
(9) Part 5 of the Regulatory Powers Act, as it applies in
relation to the provisions mentioned in subsection (1), extends to each
external Territory referred to in section 34.