Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 5.23

What must an infringement notice contain?

             (1)  An infringement notice must:

                     (a)  state the name of the authorised officer who caused the notice to be served; and

                     (b)  if the notice is for the alleged commission of an offence--set out:

                              (i)  the day on which the offence is alleged to have been committed; and

                             (ii)  if the offence is against section 229 or 230 of the Act, the place at which the offence is alleged to have been committed; or

                   (ba)  if the notice is for an alleged contravention of a civil penalty provision--set out the day on which, or the period over which, the civil penalty provision is alleged to have been contravened; and

                     (c)  give brief particulars of the alleged offence or the alleged contravention of a civil penalty provision; and

                     (d)  set out the infringement notice penalty; and

                     (e)  state that, if the person on whom it is served does not wish the matter to be dealt with by a court, he or she may pay that penalty within 28 days after the date of service of the notice unless the notice is withdrawn before the end of that period; and

                      (f)  specify where and how that penalty may be paid; and

                     (g)  set out the procedures relating to the withdrawal of notices and the consequences of the withdrawal of a notice.

             (2)  An infringement notice for a contravention of a sponsorship-related civil penalty provision must also state that if the provision is contravened after the day on which, or the period over which, the contravention specified in the notice occurred:

                     (a)  the person will have contravened the provision again; and

                     (b)  further action may be taken as mentioned in section 140K of the Act.

             (3)  An infringement notice for a contravention of a work-related civil penalty provision, or subsection 245AR(1) or 245AS(1) of the Act, must also state the grounds on which the infringement notice may be withdrawn.

             (4)  An infringement notice for a contravention of a work-related civil penalty provision, or subsection 245AR(1) or 245AS(1) of the Act, must also state that the grounds on which the infringement notice may be withdrawn are not exhaustive.

             (5)  An infringement notice may contain any other particulars that the authorised officer considers necessary.



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