South Australian Numbered Regulations South Australian Numbered RegulationsSchedule 5—Notice of right to elect to be prosecuted
Civil penalty for contravention—notice of right to elect to be prosecuted for contravention
Radiation Protection and Control Act 2021
File Number:
Issued by:
Date:
To: [insert full name, company name (if applicable), postal address and any other information relevant for service of the notice]
Notice to alleged offender
1 The Minister for Climate, Environment and Water is satisfied that you have committed an offence by contravening a provision of the Radiation Protection and Control Act 2021
as follows:
Provision
contravened:
Address or location of contravention:
Details of contravention:
2 The purpose of this notice is to advise you that you may, by written notice to the Minister, elect to be prosecuted for the contravention (see section 66(3) of the Act).
If you do not elect to be prosecuted, the Minister may commence civil penalty proceedings under section 66 of the Act for the purpose of obtaining an order from the Environment, Resources and Development Court that you pay an amount as a civil penalty in respect of the contravention.
In these civil proceedings, any contravention of the Act would only need to be proved on the balance of probabilities.
3 If you elect to be prosecuted, rather than negotiating a civil penalty with the Minister or facing civil penalty proceedings, you must serve a written notice on the Minister within 21 days after service of this notice.
4 The following matters are relevant to the provision of a notice of election to the Minister:
(1) The
notice must be addressed to the Minister as follows:
[insert relevant
information]
(2) You may choose to use the Attachment (below) or you may inform the Minister by your own letter, quoting your name and the File Number shown at the top of this document.
(3) Section 66 of the Act may be found at www.legislation.sa.gov.au and additional information about the Act can be obtained from www.epa.sa.gov.au . Information concerning this notice can also be obtained by telephoning the Manager, Investigations Branch on [insert telephone number] .
(4) If you do not, within 21 days after service of this notice, give notice to the Minister of election to be prosecuted, proceedings may be commenced to recover a civil penalty in the Environment, Resources and Development Court.
Attachment—Notice to Minister of election to be prosecuted
To: Minister
for Climate, Environment and Water
[insert address]
File number of notice under section 66 of the Radiation Protection and Control Act 2021
:
[insert file number]
* Individual
I elect to be prosecuted for the alleged
contravention specified in the notice of the file number set out above.
Name
in full:
Contact details:
Date:
Signed:
* Company
I, having authority to act
for and on behalf of the company in this matter, give notice that the company
elects to be prosecuted for the alleged contravention specified in the notice
of the file number set out above.
Name of company:
Name in full of person with
authority to act:
Contact details:
Date:
Signed:
* Strike out whichever is inapplicable