Commonwealth Numbered Regulations

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COPYRIGHT REGULATIONS 2017 (F2017L01649) - REG 44

Matters to be included in an infringement notice

                   An infringement notice must:

                     (a)  be identified by a unique number; and

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

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

                     (d)  state the name and contact details of the person who gave the notice, and that the person is an infringement officer for the purposes of issuing the infringement notice; and

                     (e)  give brief details of the alleged offence, including:

                              (i)  the provision against which the offence was allegedly committed; and

                             (ii)  the maximum penalty that a court could impose if the offence were committed; and

                            (iii)  the time (if known) and day of, and the place of, the alleged offence; and

                      (f)  state the amount that is payable under the notice, which must be:

                              (i)  12 penalty units where the person is an individual; or

                             (ii)  60 penalty units where the person is a body corporate; and

                     (g)  give an explanation of how payment of the amount is to be made; and

                     (h)  state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) the person will not be liable to be prosecuted in a court for the alleged offence; and

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

                      (j)  state that the person may apply to the relevant chief executive to have the period in which to pay the amount extended; and

                     (k)  state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged offence; and

                      (l)  set out how the notice can be withdrawn; and

                    (m)  state that if the notice is withdrawn the person may be prosecuted in a court for the alleged offence; and

                     (n)  state that the person may make written representations to the relevant chief executive seeking the withdrawal of the notice.



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