QUARANTINE REGULATIONS 2000 2000 NO. 129 - REG 63 What must be in infringement notices

Commonwealth Numbered Regulations

What must be in infringement notices

(a): be identified by an unique identifying number; and
(b): give the name of, and be signed by, the quarantine officer who issued the notice; and
(c): state the date of issue of the notice; and
(d): if the quarantine officer knows the name and address in Australia or the Cocos Islands of the person to whom the notice is issued, state the person's name (or surname and initials) and address in Australia or the Cocos Islands; and
(e): give brief details of the offence alleged to have been committed, including:

(i): the date of the offence; and
(ii): where the offence happened; and
(iii): the provision of the Act, or these Regulations, to which the offence relates; and

(f): state the prescribed penalty payable under the notice; and
(g): state where and how the penalty must be paid; and
(h): tell the person to whom the notice is issued that if he or she is prosecuted in court and found guilty of the offence, he or she may be convicted of the offence and ordered to pay a penalty and costs, and be subject to any other order made by the court; and
(i): tell the person the greatest penalty that a court could impose for the offence; and
(j): tell the person that, if he or she does not wish to have the matter dealt with by a court, he or she must (unless a quarantine officer allows the person more time to pay) pay the prescribed penalty before leaving the quarantine clearance area; and
(k): tell the person that he or she can ask a quarantine officer for more time to pay; and
(l): tell the person that if he or she pays the penalty before leaving the quarantine clearance area, or before any later time allowed for the purpose by a quarantine officer (unless the infringement notice is later withdrawn):

(i): the person's liability (if any) for the offence will be discharged; and
(ii): the person cannot be prosecuted in a court for the offence; and
(iii): the person will not be taken to have been convicted of the offence; and

(m): set out how the notice can be withdrawn, and state that, if the notice is withdrawn:

(2): An infringement notice may contain any other information that the quarantine officer who serves the notice reasonably considers to be necessary.

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