Commonwealth Numbered Regulations

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NATIONAL CONSUMER CREDIT PROTECTION (TRANSITIONAL AND CONSEQUENTIAL PROVISIONS) REGULATIONS 2010 (SLI NO 45 OF 2010) - REG 17

Purpose of Part 5

         (1)   The purpose of this Part is to set out a scheme under item 43 of Schedule 2 to the Act under which:

                (a)    a person who is alleged to have committed an offence against the Act that is stated to be an offence of strict liability may pay a penalty to the Commonwealth as an alternative to prosecution; and

               (b)    a person who is alleged to have contravened a civil penalty provision may pay a penalty to the Commonwealth as an alternative to civil proceedings.

         (2)   This Part does not require an infringement notice to be given to a person for the alleged commission of an offence or contravention of a civil penalty provision.

         (3)   This Part does not affect the liability of a person to prosecution for the commission of an alleged offence or contravention of a civil penalty provision if an infringement notice is not given to the person.

         (4)   This Part does not affect the liability of a person to prosecution for the commission of an alleged offence or contravention of a civil penalty provision if:

                (a)    an infringement notice is given to the person; and

               (b)    the person does not pay the penalty stated in the notice in accordance with regulation 24.

         (5)   This Part does not limit or otherwise affect:

                (a)    the penalty that a court could impose on the person for the offence; or

               (b)    the penalty that a court could impose on the person for contravention of the civil penalty provision.



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