Commonwealth Numbered Regulations

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GREAT BARRIER REEF MARINE PARK REGULATIONS 2019 (F2019L00166) - REG 245

Matters to be included in an infringement notice

             (1)  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 inspector for the purposes of issuing the infringement notice; and

                     (e)  give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:

                              (i)  the provision that was allegedly contravened; and

                             (ii)  the maximum penalty that a court could impose for each contravention, if the provision were contravened; and

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

                      (f)  state the amount that is payable under the notice (see section 243); 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to whom the notice is given pays the amount within the period specified in section 246, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and

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

                      (j)  state that the person may apply to the Authority 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 contravention; 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                      (l)  set out how the notice can be withdrawn; and

                    (m)  state that if the notice is withdrawn, the person may be prosecuted in a court for the alleged contravention; and

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

             (2)  An infringement notice may contain any other information that the inspector or the Authority considers necessary.



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