Queensland Consolidated Acts

FAIR TRADING ACT 1989 - SECT 35

35 Effect of failure to comply with infringement notice

(1) This section applies if—

(a) an infringement notice for an alleged contravention of an infringement notice provision is issued to a person; and

(b) the person fails to pay the penalty stated in the infringement notice within the infringement notice compliance period and as required by the notice; and

(c) the infringement notice is not withdrawn under section 37 .

(2) The person is liable—

(a) to be proceeded against under the Australian Consumer Law (Queensland), chapter 5 , part 5-2 in relation to the alleged contravention of the infringement notice provision; or

(b) if the contravention also constitutes the commission of an offence provided for in the Australian Consumer Law (Queensland), chapter 4 —to be proceeded against for the commission of the offence; or

(c) if the contravention also constitutes the commission of an offence against an FTA consumer offence provision—to be proceeded against for the commission of the offence.