Commonwealth Numbered Regulations

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Form of notice

         (1)   An infringement notice must be in a form approved by the Regulator and must set out the following:

                (a)    the date of the notice;

               (b)    the provision of the Act that creates the offence;

                (c)    the name and address of the person alleged to have committed the offence;

               (d)    the date, time and place of the alleged offence;

                (e)    the nature and a brief description of the alleged offence;

                (f)    the infringement notice penalty for the alleged offence and the maximum penalty that may be imposed by a court for the offence;

                (g)    the manner in which the infringement notice penalty may be paid;

                (h)    a statement that, if the person prefers that the matter not be dealt with by a court, the person 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 Regulator under regulation 9 — before the end of that further period; or

                         (iii)    if payment by instalments is permitted under regulation 10 — in accordance with the permission;

                 (i)    a statement that if, before the end of 28 days after service of the notice, the person gives the Regulator, in the manner set out in the infringement notice, a statement of any facts or matters that the person believes ought to be taken into account in relation to the alleged offence (a  statement of matters for consideration ):

                          (i)    time for payment of the penalty will be extended to the extent necessary to enable a decision to be made about the content of the statement; and

                         (ii)    the Regulator must consider the matters mentioned in subregulation 11 (6);

                (j)    a statement that, if the infringement notice penalty is paid in time:

                          (i)    the person’s liability for the offence is discharged; and

                         (ii)    further proceedings cannot be taken against the person for the offence; and

                         (iii)    the person is not taken to have been convicted of the offence;

               (k)    a statement to the effect that, if none of the things mentioned in paragraphs (h) and (i) is done within the time specified, the person may be prosecuted for the alleged offence;

                 (l)    the name of the person who serves the notice.

         (2)   An infringement notice:

                (a)    must include a unique identifier; and

               (b)    may contain any other information that the Regulator considers necessary.

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