Commonwealth Numbered Regulations

1997 No. 85 QUARANTINE (GENERAL) REGULATIONS (AMENDMENT) - REG 3

3.1 After Part 8, insert:
               "Part 9 - Infringement notices
Interpretation

"85. In this Part: 'infringement notice' means a notice under regulation 86;
'infringement notice offence' means a contravention, of a minor nature, by a
person who travelled to Australia on an oversea vessel (including the master
and a member of the crew of the vessel) of:

   (a)  subsection 70A (3) of the Act; or

   (b)  regulation 84; at a landing place, a place specified in a notice given
        under section 20AA of the Act or a first port of entry;
'prescribed penalty' means:

   (a)  in relation to an infringement notice offence involving goods that:

        (i)    are prohibited for importation into Australia by a Proclamation
               under section 13 of the Act; and

        (ii)   are subject to forfeiture under section 68 of the Act; one
               penalty unit;

   (b)  in any other case - half a penalty unit;
'quarantine clearance area' means an area where functions under the Act or
these Regulations are performed at a landing place, a place specified in a
notice given under section 20AA of the Act or a first port of entry. When can
an infringement notice be served?

"86. If there are reasonable grounds to believe that a person has committed an
infringement notice offence, a quarantine officer may cause an infringement
notice to be served on the person. Name and address of person on whom
infringement notice is to be served

"87. If an infringement notice is to be served on a person, a quarantine
officer may require the person:

   (a)  to give to the quarantine officer the person's name and address in
        Australia; and

   (b)  to show to the quarantine officer evidence of the person's identity.
        Can an infringement notice be withdrawn?

"88. If an infringement notice has been served on a person, a quarantine
officer may withdraw it by notice in writing served on the person, at any time
before:

   (a)  the person leaves the quarantine clearance area; or

   (b)  if a further period has been allowed under regulation 90 - the end of
        that further period. What must be included in an infringement notice?

"89. (1) An infringement notice must be signed by the quarantine officer by
whom, or on whose behalf, the notice is served, and must:

   (a)  state the name of the quarantine officer; and

   (b)  give brief details of the infringement notice offence that is alleged
        to have been committed; and

   (c)  set out:

        (i)    the day on which the offence is alleged to have been committed;
               and

        (ii)   the place at which the offence is alleged to have been
               committed; and

        (iii)  if the name and address in Australia of the person alleged to
               have committed the offence are known to the officer - that name
               and address;

   (d)  set out the prescribed penalty for the offence; and

   (e)  state that, if the person on whom it is served does not wish the
        matter to be dealt with by a court, the person must pay that penalty
        before the person leaves the quarantine clearance area unless the
        notice is withdrawn before that time; and

   (f)  specify:

        (i)    the place in the quarantine clearance area where the penalty
               may be paid; and

        (ii)   how the penalty may be paid; and

   (g)  set out the procedures relating to the withdrawal of a notice and the
        consequences of the withdrawal of a notice.

"(2) An infringement notice may contain any other particulars that the
quarantine officer considers necessary. Can the time for payment be extended?

"90. If an infringement notice has been served on a person, a quarantine
officer may, if the officer is satisfied that in all the circumstances it is
proper to do so, allow a further period for payment of the prescribed penalty.
What happens if the prescribed penalty is paid?

"91. If the person on whom an infringement notice is served pays the
prescribed penalty in relation to the infringement notice offence specified in
the notice:

   (a)  before:

        (i)    the person leaves the quarantine clearance area; or

        (ii)   if a further period has been allowed under regulation 90 - the
               end of that further period; or

   (b)  before the notice is withdrawn; whichever happens first, then:

   (c)  any liability of the person in respect of the offence is discharged;
        and

   (d)  no further proceedings may be taken against the person in respect of
        the offence; and

   (e)  the person is not to be taken to have been convicted of the offence.
        Refund of prescribed penalty if notice is withdrawn

"92. If:

   (a)  an infringement notice has been served on a person; and

   (b)  the person has paid the prescribed penalty in accordance with the
        notice; and

   (c)  the notice is subsequently withdrawn; a quarantine officer must
        arrange for the refund to the person of an amount equal to the amount
        paid. Evidentiary matters

"93. (1) At the hearing of a prosecution for an infringement notice offence
specified in an infringement notice, a certificate signed by a quarantine
officer and stating:

   (a)  that the quarantine officer did not allow further time under
        regulation 90 for payment of the prescribed penalty specified in the
        notice; and

   (b)  that the prescribed penalty has not been paid in accordance with the
        notice; is evidence of those matters.

"(2) At the hearing of a prosecution for an infringement notice offence
specified in an infringement notice, a certificate signed by a quarantine
officer and stating:

   (a)  that the quarantine officer allowed, under regulation 90, the further
        time specified in the certificate for payment of the prescribed
        penalty; and

   (b)  that the prescribed penalty has not been paid in accordance with the
        notice or within the further time allowed; is evidence of those
        matters.

"(3) At the hearing of a prosecution for an infringement notice offence
specified in an infringement notice, a certificate signed by a quarantine
officer and stating that the notice was withdrawn on a day specified in the
certificate is evidence of that fact.

"(4) A certificate that purports to have been signed by a quarantine officer
is taken to have been signed by that person unless the contrary is proved. Can
there be more than one infringement notice for the same infringement notice
offence?

"94. This Part does not prevent more than one infringement notice being served
on a person for the same infringement notice offence, but regulation 91
applies to the person if the person pays the prescribed penalty in accordance
with one of the infringement notices. What if payment is made by cheque?

"95. If a cheque is offered as payment of all or part of the amount of a
prescribed penalty specified in an infringement notice, payment is taken not
to have been made unless the cheque is honoured upon presentation. What effect
does this Part have on the institution and prosecution of proceedings?

"96. Nothing in this Part:

   (a)  requires an infringement notice to be served on a person in relation
        to an infringement notice offence; or

   (b)  affects the liability of a person to be prosecuted for an infringement
        notice offence if the person does not comply with an infringement
        notice; or

   (c)  affects the liability of a person to be prosecuted for an infringement
        notice offence if an infringement notice is not served on the person
        in relation to the offence; or

   (d)  affects the liability of a person to be prosecuted for an infringement
        notice offence if an infringement notice is served and withdrawn; or

   (e)  limits the amount of the fine that may be imposed by a court on a
        person convicted of an infringement notice offence.".