ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 2000 NO. 181 - REG 14.03 Infringement notices

Commonwealth Numbered Regulations

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 2000 NO. 181 - REG 14.03

Infringement notices

(1): If there are reasonable grounds for believing that a person has committed an offence against a regulation mentioned in Schedule 10, a ranger or an authorised officer may serve an infringement notice, or cause an infringement notice to be served, on the person in accordance with regulation 14.04.

(2): The notice must set out the following information:

(a): the name and address of the person served (unless the notice is served in accordance with subparagraph 14.04 (1) (c) (ii));
(b): the provision of these Regulations that it is alleged has been contravened;
(c): details of the alleged offence, including:

(i): the day, and (if appropriate) the time, on which it is alleged to have been committed; and
(ii): the place at which it is alleged to have been committed;

(d): the maximum penalty that may be imposed by a court for the offence;
(e): the amount payable as the infringement notice penalty;
(f): a statement that, if the person prefers that the matter not be dealt with by a court, he or she may signify that preference by paying the infringement notice penalty:

(i): before the end of 28 days after the day the notice is served; or
(ii): if a further period is allowed by a warden, ranger or inspector under regulation 14.05 — before the end of that further period; or
(iii): if payment by instalments is permitted under regulation 14.06 — in accordance with the permission;

(g): how, and where, the infringement notice penalty may be paid;
(h): a statement that if, before the end of 28 days after service of the notice, the person notifies the Director, in the manner set out in the infringement notice, of any facts or matters that the person believes ought to be taken into account in relation to the alleged offence:

(i): time for payment of the penalty will be extended to the extent necessary to enable a decision to be made about those facts or matters; and
(ii): the Director must consider the matters mentioned in subregulation 14.07 (5);

(i): a statement that, if the infringement notice penalty is paid in time:

(i): the person's liability for the offence is discharged; and
(ii): further proceedings cannot be taken against the person for the offence; and
(iii): the person is not taken to have been convicted of the offence;

(j): a statement to the effect that, if none of the things mentioned in paragraph (f) or (h) is done within the time specified, the person may be prosecuted for the alleged offence;
(k): the name of the ranger or authorised officer by whom the notice is served.

(3): An infringement notice may contain any other information that the ranger or authorised officer considers necessary.
(4): The notice must be served on the person not more than 12 months after the alleged commission of the offence.

Note
The infringement notice penalty in respect of an offence is set at one-fifth of the maximum fine that a court could impose for the offence — see Act, subsection 497 (2).

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