Victorian Numbered Acts Victorian Numbered ActsSCHEDULE
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CONSEQUENTIAL AMENDMENTS FOR INFRINGEMENTS ACT 2006
(1) For section 69(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) In section 69, sub-sections (4), (5), (6), (7) and (8) are repealed .
(3) At the foot of section 70 insert —
"Note: See sections 53(2), 55 and 56 of the Infringements Act 2006 .".
(1) Insert the following heading to section 50B—
"Infringement notices" .
(2) In section 50B(1)—
(a) for "a notice in the prescribed
form—" substitute
"an infringement notice—";
(b) for paragraphs (a) and (b) substitute —
"(a) in accordance with the Infringements Act 2006 ; and
(b) in the case of a prescribed offence constituted by a failure to do a particular act or thing, state in the notice that the obligation to do the act or thing continues despite the service of the notice or the payment of the prescribed penalty.";
(c) paragraph (c) is repealed .
(3) After section 50B(1) insert —
"(1A) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(4) For section 50B(3) substitute —
"(3) Despite anything to the contrary in the Infringements Act 2006 , a notice under sub-section (1) may be served on an incorporated association in accordance with section 48.".
(5) In section 50B—
(a) in sub-section (4), for "Magistrates' Court Act 1989" (wherever occurring) substitute "Infringements Act 2006" ;
(b) sub-sections (5) and (6) are repealed ;
(c) in sub-section (7) omit "and (5)(a)".
(6) Section 54(2)(ad)(i) is repealed .
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(1) In section 51(6) omit "as provided in the regulations".
(2) After section 51(6) insert —
"(6A) An offence referred to in sub-section (6) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .
(6B) The infringement penalty for an offence referred to in sub-section (6) is the prescribed penalty in respect of the offence.".
(1) For section 221ZZZE(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .
(2A) For the purposes of sub-section (1), an infringement notice—
(a) must be in the form required by the Infringements Act 2006 and state the infringement penalty in respect of the offence;
(b) must include details of the additional steps (if any) required to expiate the offence.".
(2) In section 221ZZZE(3), for "sections 256, 257, 258 and 259 apply" substitute "section 256 applies".
(3) Section 221ZZZE(3)(d) is repealed .
(4) For section 255(2) substitute—
"(2) An offence referred to in sub-section (1) for which a building infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .
(2A) In addition to the details required under section 13 of the Infringements Act 2006 , the details of the additional steps (if any) required to expiate the offence must be included in an infringement notice served under sub-section (1).".
(5) Sections 257 and 258 are repealed .
(6) Insert the following heading to section 259—
"Proceedings where building infringement notice requiring additional steps is served" .
(7) In section 259(1)—
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(a) paragraph (a) is repealed ;
(b) in paragraph (b)(ii), for "steps; or" substitute "steps.";
(c) paragraph (c) is repealed .
(8) Sections 259(2), 261(1)(w) and 261(1)(x) are repealed .
(1) Insert the following heading to section 28A—
"Infringement notices" .
(2) In section 28A(1) —
(a) for "a penalty notice in the prescribed form—" substitute "an infringement notice—";
(b) for paragraphs (a) and (b) substitute —
"(a) in accordance with the Infringements Act 2006 ; and
(b) in the case of a prescribed offence constituted by a failure to do a particular act or thing, state in the notice that the obligation to do the act or thing continues despite the service of the notice or the payment of the prescribed penalty.";
(c) paragraph (c) is repealed .
(3) After section 28A(1) insert —
"(1A) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(4) In section 28A—
(a) sub-section (3) is repealed ;
(b) in sub-sections (4) and (5), for "Schedule 7 to the Magistrates' Court Act 1989 " (wherever occurring) substitute "the Infringements Act 2006 ";
(c) sub-section (6) is repealed .
(5) Section 32(1)(dc)(i) is repealed .
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(1) For section 456B(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the prescribed infringement penalty in respect of that offence.".
(2) Sections 456C, 456D, 456E, 456F, 456G, 456H and 456I are repealed .
(1) For section 91(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) Sections 92 and 93 are repealed .
(1) In section 41E(1) omit "in a form approved by the Authority".
(2) After section 41E(1) insert —
"(1A) An offence referred to in sub-section (1) for which a fire prevention infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(3) For section 41E(2) substitute —
"(2) In addition to and without limiting section 12 of the Infringements Act 2006 , a fire prevention infringement notice under sub-section (1) may be served in accordance with section 41A.".
(4) In section 41E, sub-sections (3), (4), (5), (6) and (7) are repealed .
(1) After section 45B(1) insert —
"(1A) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) In section 45B—
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(a) in sub-section (2)—
(i) paragraph (c) is repealed ;
(ii) in paragraph (d), for "notices; and" substitute "notices.";
(iii) paragraphs (e) and (f) are repealed ;
(b) sub-sections (3), (4), (5), (6), (7) and (8) are repealed .
(1) For section 125(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .
(3) For the purposes of sub-section (1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.
(4) The infringement penalty for an offence referred to in sub-section (1) is the penalty specified in column 2 of Schedule 2 in relation to that offence.".
(2) Sections 126 and 127(1) are repealed .
(3) After 128(6) insert —
"(7) This section applies despite anything to the contrary in the Infringements Act 2006 .".
(1) For section 85(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) Sections 86, 87, 89 and 90 are repealed .
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(1) For section 167(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) Sections 168, 169, 171, 172 and 173 are repealed .
(1) For section 107(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) Sections 108, 110, 111, 112, 113, 114 and 115 are repealed .
(1) For section 140B(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) Sections 140C, 140E, 140F, 140G, 140H, 140I and 140J are repealed .
(1) For section 63B(3) substitute —
"(3) An offence referred to in sub-section (2) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) In section 63B(4) omit "and sections 63C and 63D".
(3) Sections 63C and 63D are repealed .
(1) After section 27(1) insert —
"(1A) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) In section 27—
(a) in sub-section (2)—
(i) paragraph (c) is repealed ;
(ii) in paragraph (d), for "notices; and" substitute "notices.";
(iii) paragraphs (e) and (f) are repealed ;
(b) sub-sections (3), (4), (5), (6), (7) and (8) are repealed .
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(1) After section 95A(1) insert —
"(1A) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) For section 95B substitute —
"95B. Form of notice
For the purposes of section 95A(1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.".
(3) Sections 95C and 95D are repealed .
(4) In section 95E—
(a) sub-sections (1), (2), (3) and (4) are repealed ;
(b) in sub-section (5), for "this section" substitute "the Infringements Act 2006 ".
(1) In section 45(1) omit ", in accordance with the regulations,".
(2) For section 45(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(3) Sections 45(3), 45(4) and 46 are repealed .
(1) After section 160A(1) insert —
"(1A) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the prescribed infringement penalty in respect of that offence.".
(2) For section 160B substitute —
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"160B. Form of notice
For the purposes of section 160A(1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.".
(3) Sections 160A(3), 160C, 160D, 160E, 160F, 160G and 160H are repealed .
(1) In section 3(1), the definition of "infringement penalty" is repealed .
(2) For section 168(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(3) Sections 169, 171, 172, 173, 174 and 175 are repealed .
(1) In section 61D(1), after "may" insert ", in accordance with the Infringements Act 2006 ,".
(2) For section 61D(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(3) The infringement penalty for an alleged offence referred to in sub-section (1) is the amount prescribed in respect of that offence.".
(3) For section 61E substitute —
"61E. Form of notice
For the purposes of section 61D(1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.".
(4) Sections 61F, 61G, 61H, 61I, 61J and 61K are repealed .
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(1) For section 10.5.20(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) For section 10.5.21 substitute—
"10.5.21 Prescribed infringement penalty
The infringement penalty for an offence referred to in sub-section (1) is the prescribed penalty in respect of the offence.".
(3) Sections 10.5.22, 10.5.23, 10.5.24, 10.5.25 and 10.5.26 are repealed .
(1) For section 220(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) Sections 221, 223, 224, 225, 226, 227 and 228 are repealed .
(1) For section 117AC(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) Sections 117AD, 117AF, 117AG, 117AH, 117AI, 117AJ and 117AK are repealed .
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(1) In section 154—
(a) in sub-section (1), after "A notice" insert "(other than an infringement notice)";
(b) in sub-section (2), after "A notice" insert "(other than an infringement notice)".
(2) At the foot of section 154 insert the following Note—
"Note: Service of infringement notices is dealt with by the Infringements Act 2006 .".
(3) In section 155(1) omit "in the prescribed form".
(4) For section 155(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(5) For section 155(3) substitute —
"(3) For the purposes of sub-section (1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional prescribed details.".
(6) In section 155, sub-sections (4), (5) and (6) are repealed .
(1) For section 169(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .
(3) For the purposes of sub-section (1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional prescribed details.".
(2) For section 170(2) substitute
—
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"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .
(2A) For the purposes of sub-section (1), an infringement notice—
(a) must be in the form required by the Infringements Act 2006 ;
(b) must include details of the additional steps (if any) required to expiate the offence;
(c) may contain any additional prescribed details.".
(3) Sections 171, 172, 173 and 185(i) are repealed .
(1) In clause 5(1) of Schedule 5 for "parking offence notice" substitute "infringement notice".
(2) For clause 5(2) of Schedule 5 substitute —
"(2) A parking offence referred to in sub-clause (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(3) In clause 5 of Schedule 5, sub-clauses (3), (5), (6), (7) and (8) are repealed .
(4) In clause 6 of Schedule 5, for "Any" substitute "Despite section 32(3) of the Infringements Act 2006 , any".
(1) After section 58(2) insert —
"(3) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .
(4) For the purposes of sub-section (1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.".
(2) Sections 59, 60, 61 and 62 are repealed .
(1) For section 126(2) substitute —
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"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) Sections 127, 128, 130 and 131 are repealed .
(1) After section 40(3) insert —
"(3A) An offence referred to in sub-section (3) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the prescribed penalty in respect of that offence.".
(2) For section 40(4) substitute —
"(4) In addition to the details required under section 13 of the Infringements Act 2006 , the details of the election to which the alleged infringement relates must be included in an infringement notice served under sub-section (3), including—
(a) the name of the Council; and
(b) the date of the election; and
(c) the name of the ward.".
(3) In section 40, sub-sections (5), (6), (7), (8), (9), (10), (12) and (13) are repealed .
(4) After section 117(1) insert —
"(1A) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(5) Sections 117(2)(c) and (d) and 117(3) are repealed .
(1) For section 18(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) Sections 19, 20, 22, 23 and 24 are repealed .
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(1) In section 92(1) omit "in a form approved by the Board".
(2) After section 92(1) insert —
"(1A) An offence referred to in sub-section (1) for which a fire prevention infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(3) For section 92(2) substitute —
"(2) In addition to and without limiting section 12 of the Infringements Act 2006 , a fire prevention infringement notice under sub-section (1) may be served in accordance with section 88(1).".
(4) In section 92, sub-sections (3), (4), (5), (6) and (7) are repealed .
(1) In section 106(1) omit ", in accordance with the regulations,".
(2) For section 106(2) substitute —
"(2) An offence referred to in sub-section (1) for which a mining infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(3) Sections 106(3), 106(4) and 107 are repealed .
(4) In section 124(1)—
(a) in paragraph (p), sub-paragraphs (ii) and (iii) are repealed ;
(b) in paragraph (q) omit "and the method of their payment".
(1) After section 82D(2) insert —
"(3) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the prescribed infringement penalty in respect of that offence.".
(2) For section 82E substitute —
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"82E. Form of notice
For the purposes of section 82D, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.".
(3) Sections 82F and 82G are repealed .
(4) In section 82H—
(a) sub-sections (1), (2), (3) and (4) are repealed ;
(b) in sub-section (5), for "this section" substitute "Division 5 of Part 2 of the Infringements Act 2006 ".
(1) For section 56(3) substitute —
"(3) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the prescribed infringement penalty in respect of that offence.".
(2) For section 57 substitute —
"57. Form of notice
For the purposes of section 56, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Secretary.".
(3) Sections 58, 59, 60, 61, 62 and 63 are repealed .
(1) After section 139(1) insert —
"(1A) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) For section 139(3) substitute —
"(3) The regulations must prescribe the person or class of persons who may issue infringement notices.".
(3) Sections 139(4), 140, 141 and 142 are repealed .
(1) For section 130(2) substitute —
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"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .
(2A) In addition to the details required under section 13 of the Infringements Act 2006 , the details of the additional steps (if any) required to expiate the offence must be included in an infringement notice served under sub-section (1).".
(2) Sections 131 and 132 are repealed .
(1) For section 60(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) Sections 61, 62, 64 and 65 are repealed .
(3) In section 67, after "a notice" insert "(other than an infringement notice)".
(1) For section 37A(3) substitute —
"(3) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the prescribed infringement penalty in respect of that offence.".
(2) For section 37B substitute —
"37B. Form of notice
For the purposes of section 37A, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Department Head.".
(3) Sections 37C, 37D, 37E, 37F, 37G and 37H are repealed .
(1) At the end of section 163 insert —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) For section 164 substitute —
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"164. Form of notice
For the purposes of section 163, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Chief Commissioner.".
(3) Sections 165, 166, 167, 168, 169 and 170 are repealed .
(4) In section 180(1)(t), for "and particulars to be included in those notices" substitute "and infringement penalties for those offences".
(1) For section 119(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be issued is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) Sections 120, 122, 123, 124, 125 and 126 are repealed .
(1) For section 510C(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the prescribed infringement penalty in respect of that offence.".
(2) For section 510D substitute —
"510D. Form of notice
For the purposes of section 510C, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.".
(3) Sections 510E, 510F, 510G, 510H, 510I and 510J are repealed .
(1) For section 90(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) Sections 91, 92, 93, 94 and 95 are repealed .
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(1) At the end of section 26ZB insert —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) For section 26ZC substitute —
"26ZC. Form of notice
For the purposes of section 26ZB, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.".
(3) Sections 26ZD and 26ZE are repealed .
(4) In section 26ZF—
(a) sub-sections (1) to (4) are repealed ;
(b) in sub-section (5), for "this section" substitute "Division 5 of Part 2 of the Infringements Act 2006 ".
(1) For section 29(2) substitute—
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the applicable penalty set out in the Schedule.
(3) For the purposes of sub-section (1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Minister.".
(2) Sections 30 and 31 are repealed .
(1) In the Note to section 18(3), for "sections 60AA to 60AH" substitute "section 60AA".
(2) For section 60AA(2) substitute—
"(2) An offence referred to in sub-section (1) for
which an infringement notice may be served is an infringement offence within
the meaning of the Infringements Act 2006 .".
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(3) For section 60AB substitute —
"60AB. Infringement penalty
The amount payable for an alleged offence for which an infringement notice may be served is 1 penalty unit.".
(4) Sections 60AC to 60AH are repealed .
(1) Section 38(1A) is repealed .
(2) For section 38(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(3) For section 38(3) substitute —
"(3) For the purposes of sub-section (1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional prescribed details.".
(4) In section 38, sub-sections (4), (5), (6) and (7) are repealed .
(1) For section 18(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) Sections 19, 20, 22 and 23 are repealed .
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(1) For section 39ZC(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the prescribed infringement penalty in respect of that offence.".
(2) For section 39ZD substitute —
"39ZD. Form of notice
For the purposes of section 39ZC, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.".
(3) Sections 39ZE, 39ZF, 39ZG, 39ZH, 39ZI and 39ZJ are repealed .
(1) For section 54(2) substitute —
"(2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) Sections 55, 56, 58 and 59 are repealed .
(1) After section 40(1) insert —
"(1A) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .".
(2) For section 40A substitute —
"40A. Form of notice
For the purposes of section 40, an infringement notice must be
in the form required by the Infringements Act 2006 and may contain any
additional information approved by the Regulator.".
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(3) Sections 40B, 40C, 40D, 40E and 40F are repealed .
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