Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) If there are reasonable grounds for believing that a registered provider has committed an offence to which section 106 of the Act applies, the ESOS agency for the provider may serve an infringement notice, or cause an infringement notice to be served, on the provider in accordance with section 17 of this instrument.
(2) The notice must set out the following information:
(a) the name of the provider served and the address of the provider's place of business;
(b) the provision of the Act that it is alleged has been contravened;
(c) details of the alleged offence, including the day, and (if appropriate) the time, on 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 provider prefers that the matter not be dealt with by a court, the provider 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 the ESOS agency under section 18--before the end of that further period; or
(iii) if payment by instalments is permitted under section 19--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 provider notifies the ESOS agency, in the manner set out in the infringement notice, of any facts or matters that the provider 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 ESOS agency must consider the matters mentioned in subsection 20(5);
(i) a statement of the matters, mentioned in subsection 20(5), that the ESOS agency must consider;
(j) a statement that, if the infringement notice penalty is paid in time:
(i) the provider's liability for the offence is discharged; and
(ii) further proceedings cannot be taken against the provider for the offence; and
(iii) the provider is not taken to have been convicted of the offence;
(k) a statement to the effect that, if none of the things mentioned in paragraph (f) or (h) is done within the time specified, the provider may be prosecuted for the alleged offence;
(l) the name of the person who serves the notice.
(3) An infringement notice may contain any other information that the ESOS agency considers necessary.
(4) The notice must be served on the provider not more than 12 months after the alleged commission of the offence.
Note: The infringement notice penalty in respect of an offence is:
(a) for an individual--4 penalty units; or
(b) for a body corporate--20 penalty units.
See subsection 106(2) of the Act.