Commonwealth Consolidated Acts

ROAD VEHICLE STANDARDS ACT 2018 - SECT 55

Provisions subject to an infringement notice

  (1)   The following provisions are subject to an infringement notice under Part   5 of the Regulatory Powers Act:

  (a)   a civil penalty provision in Part   2 (regulation of road vehicles and road vehicle components) of this Act;

  (b)   a strict liability offence against a provision in Part   3 (recalls of road vehicles or approved road vehicle components) of this Act.

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

Infringement officer and relevant chief executive

  (2)   For the purposes of Part   5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection   ( 1):

  (a)   each of the following persons is an infringement officer:

  (i)   the Secretary;

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

  (b)   the Secretary is the relevant chief executive.

Single infringement notice may deal with more than one contravention

  (3)   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.

Liability of Crown

  (4)   Part   5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection   ( 1), does not make the Crown liable to be given an infringement notice.