Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) The following information is prescribed:
(a) a unique identifying number;
(b) the date the notice was issued;
(c) if the notice is served on an individual—the individual's name or surname and initials, and home address or address for service recorded for the individual in a record or register kept under the road transport legislation or a corresponding law;
(d) if the notice is served on a corporation—the corporation's identifying details under a record or register kept under the road transport legislation or a corresponding law;
(e) a short description of the infringement notice offence, as set out in schedule 1 (Short descriptions, penalties and demerit points), (or the law and provision of the law contravened by the person), including the place where the offence was committed and the date and approximate time of the offence;
(f) if the offence involved a registrable or rail vehicle—the identifying particulars (if any) for the vehicle;
(g) if the offence involved an animal—the identifying particulars (if any) for the animal;
(h) the infringement notice penalty payable for the offence;
(i) the identifying particulars of the authorised person who gave the notice;
(j) any additional information the administering authority considers appropriate.
(2) An infringement notice served on a person must contain the following additional information:
(a) a statement telling the person that, within 28 days after the notice is served on the person, the person may do 1 of the following things (an infringement notice response ):
(i) pay the infringement notice penalty for the offence;
(ii) apply to the administering authority for—
(A) an infringement notice management plan or, if the person has an infringement notice management plan, the addition of the infringement notice penalty to the plan; or
(B) waiver of the infringement notice penalty;
(iii) give the administering authority an infringement notice declaration for the offence;
(iv) dispute liability for the offence;
(v) apply to the administering authority for additional time to do the thing;
(b) a statement to the effect that if the person does not make an infringement notice response—
(i) a reminder notice for the offence will be served on the person; and
(ii) the person may be prosecuted for the offence;
(c) a statement to the effect that if a reminder notice is served on the person, the amount of the infringement notice penalty payable is increased by the cost of serving the reminder notice;
Note Section 7 prescribes the cost of serving a reminder notice.
(d) a statement that the notice may be withdrawn at any time;
(e) a statement to the effect that, if the person pays the infringement notice penalty within the required time or a discharge action happens—
(i) any liability of the person for the offence is discharged; and
(ii) the person will not be prosecuted for the offence; and
(iii) the person will not be taken to have been convicted of the offence;
(f) a statement to the effect that, if the person wants to dispute liability for the offence—
(i) for a heavy vehicle infringement notice offence—a proceeding may be brought against the person under the Heavy Vehicle National Law (ACT)
; or
Note For proceedings for heavy vehicle infringement notice offences, see the
title="Heavy Vehicle National Law (ACT)">Heavy Vehicle National Law (ACT), s 707.
(ii) in any other case—the issue may be referred to the Magistrates Court;
(g) a statement to the effect that, if a proceeding or issue mentioned in paragraph (f) had been brought or referred, the person may be—
(i) convicted of the offence; and
(ii) ordered to pay a penalty and costs; and
(iii) subject to other court orders;
(h) a statement to the effect that if the offence involved a registrable or rail vehicle and the person does not pay the infringement notice penalty, or dispute liability for the offence, within the required time, or a discharge action does not happen, enforcement action may be taken under the Act
, division 3.4 (Enforcement procedures);
(i) how the person may pay the infringement notice penalty, give an infringement notice declaration or dispute liability for the offence;
(j) how the person may apply for—
(i) an infringement notice management plan or, if the person has an infringement notice management plan, the addition of the infringement notice penalty to the plan; or
(ii) waiver of the infringement notice penalty;
(k) how the person may apply for additional time to—
(i) pay the infringement notice penalty; or
(ii) apply for either of the following:
(A) an infringement notice management plan or, if the person has an infringement notice management plan, the addition of the infringement notice penalty to the plan;
(B) waiver of the infringement notice penalty; or
(iii) give an infringement notice declaration; or
(iv) dispute liability for the offence;
(l) if the offence involved a registrable or rail vehicle—
(i) how many demerit points the person will incur if the person pays the infringement notice penalty or is convicted of the offence, or if a discharge action happens; and
(ii) general information about the enforcement procedures under the Act
, division 3.4; and
(iii) a statement that, in a proceeding against the responsible person for a registrable or rail vehicle for an infringement notice offence involving the vehicle, the responsible person is presumed to be the individual in possession or control of the vehicle at the time of the offence, unless the contrary is proved by the responsible person; and
(iv) a statement that the responsible person for the vehicle has an obligation to take all reasonable steps under the Act
, part 3 to assist the administering authority to identify and locate the individual who the responsible person asserts was in possession or control of the vehicle at the time of the offence; and
(v) general information about the Act
, division 3.3 (Infringement notice offences involving registrable and rail vehicles); and
(vi) information about how the person may make and give the administering authority an infringement notice declaration under that division; and
(vii) if the offence is detected by a traffic offence detection device—information about how to inspect and obtain a copy of the image taken by the traffic offence detection device.
(3) In this section:
"the required time", to pay a penalty, or dispute liability, for an infringement notice offence, means—
(a) 28 days after the day the infringement notice for the offence was served; or
(b) any additional time allowed under the Act
, section 29 (Extension of time to do things).