Commonwealth Numbered Acts

FUEL SECURITY ACT 2021 (NO. 65, 2021) - SECT 66

Provisions subject to an infringement notice

             (1)  A civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.

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, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1):

                     (a)  the Secretary;

                     (b)  an SES employee, or acting SES employee, in the Department with responsibilities in relation to this Act.

Note:          The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 .

Relevant chief executive

             (3)  For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).

             (4)  The relevant chief executive may, in writing, delegate the relevant chief executive's powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to an infringement officer.

             (5)  A person exercising powers or performing functions under a delegation under subsection (4) must comply with any 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.

Additional matters to be included in infringement notices

             (7)  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 a provision mentioned in subsection (1) of this section must also state that the giving of the notice and the payment of the amount payable under the notice may be publicised under section 68 of this Act.