Employment (Spent and Redundant Instruments) Repeal Regulation 2014 [F2014L00271], Defence (Spent and Redundant Instruments) Repeal Regulation 2014 [F2014L00273], Spent and Redundant Instruments Repeal Regulation 2014 [F2014L00274], Environment (Spent and Redundant Instruments) Repeal Regulation 2014 [F2014L00275], Education (Spent and Redundant Instruments) Repeal Regulation 2014 [F2014L00276], Health (Spent and Redundant Instruments) Repeal Regulation 2014 [F2014L00277], Finance (Spent and Redundant Instruments) Repeal Regulation 2014 [F2014L00278], Civil Aviation (Spent and Redundant Instruments) Repeal Regulation 2014 [F2014L00279]-New and continuing matters [2014] AUSStaCSDLM 86 (14 May 2014)

• Ozone Protection and Synthetic Greenhouse Gas Management Amendment (Various Matters) Regulation 2013 [F2013L02135]

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Ozone Protection and Synthetic Greenhouse Gas Management Amendment (Various Matters) Regulation 2013 [F2013L02135]

Purpose	Amends the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 to require licence records relating to the import, export or manufacture of ozone depleting substances or synthetic greenhouse gas to be kept at the licensee's principal place of residence, align the fit and proper person test in the principal regulations with the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, establish a framework for issuing and administering infringement notices under the principal regulations, and insert a reference to the Exemption List for Non-Quarantine and Pre-Shipment Applications of Methyl Bromide for 2014
Last day to disallow[1]	15 May 2014
Authorising legislation	Ozone Protection and Synthetic Greenhouse Gas Management Act 1989
Department	Environment

Issue:

Insufficient information regarding infringement notice regime

This instrument makes a number of amendments to the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995, including to establish a framework for issuing and administering infringement notices under the regulations. The ES states that new regulation 911 provides that payment of an infringement notice discharges all liability for an alleged contravention. However, it goes on to state that 'payment does not discharge liability if the notice is subsequently withdrawn and the penalty amount refunded'. Regulation 911 states that in such cases the person may be prosecuted in a court in relation to the alleged contravention. The committee considers that the ability for a notice to be withdrawn and for prosecution to proceed following payment of a penalty amount raises a question of double jeopardy, to the extent that the payment of a fine would normally finalise matters. While there may be a regulatory justification for this element of the infringement notice scheme, the ES does not provide any information as to the need for this provision [the committee requested further information from the minister].

MINISTER'S RESPONSE:

The Minister for the Environment advised that subregulation 911(1):

...sets out the effect of payment of an infringement notice namely, that its payment discharges all liability for the alleged contravention, without constituting an admission of fault. This is appropriate for an administrative remedy that may be discharged without abjudication [sic] by the courts. However, subregulation 911(2) of the Regulations provides that subregulation 911(1) does not apply if the notice is subsequently withdrawn pursuant to subregulation 910(2) of the regulations.

The minister further advised that Regulations 910 and 911 are consistent with the Attorney-General's A Guide to Framing Commonwealth Offence, Infringement Notice and Enforcement Powers (the Guide) that allow infringement notices to be withdrawn for a variety of reasons. The minister noted:

Subregulation 910(3) of the Regulations sets out the factors the Secretary may consider when deciding whether or not to withdraw an infringement notice. These include whether a court has previously imposed a penalty on the person for a contravention of an infringement notice provision, the circumstances of the alleged contravention, whether the person has paid an earlier infringement notice penalty relating to the same, or substantially the same, conduct, and any other matter that the secretary considers relevant.

COMMITTEE RESPONSE:

The committee thanks the minister for his response and has concluded its interest in the matter.

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^[1] 'Last day to disallow' refers to the last day on which notice may be given of a motion for disallowance in the Senate.