Commonwealth Consolidated Acts

BUILDING ENERGY EFFICIENCY DISCLOSURE ACT 2010 - SECT 53

Provisions subject to an infringement notice

  (1)   A civil penalty provision of this Act is subject to an infringement notice under Part   5 of the Regulatory Powers Act.

Note:   Part   5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer

  (2)   For the purposes of Part   5 of the Regulatory Powers Act, the Secretary is an infringement officer in relation to the provisions mentioned in subsection   (1).

Relevant chief executive

  (3)   For the purposes of Part   5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection   (1).

Delegation by the Secretary

  (4)   The Secretary may, in writing, delegate to an SES employee or acting SES employee in the Department the Secretary's powers and functions as an infringement officer or as the relevant chief executive in relation to the provisions mentioned in subsection   (1).

  (5)   In exercising powers or performing functions delegated under subsection   (4), the delegate must comply with any directions of the Secretary.

Single infringement notice dealing with multiple contraventions

  (6)   Despite subsection   103(3) of the Regulatory Powers Act, an infringement officer may give a person a single infringement notice relating to multiple contraventions of subsection   18(6) that are alleged to have occurred because the person failed to give access to a place at a particular day and time specified in a notice under subsection   18(4) and continued to fail to do so after that day and time.

Amount payable under an infringement notice

  (7)   Despite subsections   104(2) and (3) of the Regulatory Powers Act, the amount to be stated in an infringement notice for the purposes of paragraph   104(1)(f) of that Act in relation to a civil penalty provision of this Act must not exceed an amount equal to:

  (a)   if the notice relates to only one alleged contravention of the provision by the person--one - tenth of the maximum penalty that a Court could impose on the person for that contravention; or

  (b)   if the notice relates to more than one alleged contravention of the provision by the person--one - tenth of the amount worked out by adding together the maximum penalty that a Court could impose on the person for each alleged contravention.

Time limits on representations seeking withdrawal of notice

  (8)   If a person to whom an infringement notice has been given in relation to a provision mentioned in subsection   (1) wishes to make written representations to the Secretary under subsection   106(1) of the Regulatory Powers Act:

  (a)   the person must do so within 28 days after the infringement notice is given; and

  (b)   despite paragraph   106(3)(a) of the Regulatory Powers Act, the Secretary need not take into account any representations in relation to the infringement notice made after the end of that period.

Extension to external Territories

  (9)   Part   5 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection   (1), extends to every external Territory.