Tasmanian Numbered Acts

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AUSTRALIAN CONSUMER LAW (TASMANIA) ACT 2010 (NO. 40 OF 2010) - SECT 25

Infringement notices
(1)  An authorised officer may issue and serve an infringement notice on a person if he or she reasonably believes that the person has committed an infringement offence.
(2)  An infringement notice may not be served on an individual who has not attained the age of 18 years.
(3)  An infringement notice –
(a) is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005 ; and
(b) is not to relate to more than 3 offences.
(4)  The regulations –
(a) may prescribe, for infringement offences, the penalties payable under infringement notices; and
(b) may prescribe different penalties for bodies corporate and individuals.
(5)  The penalty prescribed for any infringement offence is not to exceed 20% of the maximum penalty that could be imposed on an individual by a court in respect of the offence.
(6)  In the application of the Monetary Penalties Enforcement Act 2005 to an infringement notice issued and served under this section –
(a) the issuer and server of the infringement notice is taken to be a public sector body within the meaning of that Act; and
(b) a penalty prescribed under subsection (4) in respect of an infringement offence is taken to be the prescribed penalty applicable to that offence for the purposes of section 14(a)(ii) of that Act.
(7)  In this section –
infringement offence means an offence against this Act, or the regulations, that is prescribed by the regulations to be an infringement offence.



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