Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 60L

Issuing an infringement notice

  (1)   If the Commission has reasonable grounds to believe that a person has contravened an infringement notice provision, the Commission may issue an infringement notice to the person.

  (2)   The Commission must not issue more than one infringement notice to the person for the same alleged contravention of the infringement notice provision.

  (3)   The infringement notice does not have any effect if the notice:

  (a)   is issued more than 12 months after the day on which the contravention of the infringement notice provision is alleged to have occurred; or

  (b)   relates to more than one alleged contravention of an infringement notice provision by the person.

Matters to be included in an infringement notice

  (4)   An infringement notice must:

  (a)   be identified by a unique number; and

  (b)   state the day on which it is issued; and

  (c)   state the name and address of the person to whom it is issued; and

  (d)   identify the Commission; and

  (e)   state how the Commission may be contacted; and

  (f)   give details of the alleged contravention by the person, including:

  (i)   the date of the alleged contravention; and

  (ii)   the particular infringement notice provision that was allegedly contravened; and

  (g)   state the maximum pecuniary penalty that the court could order the person to pay under section   76 for the alleged contravention; and

  (h)   specify the penalty that is payable in relation to the alleged contravention; and

  (i)   state that the penalty is payable within the infringement notice compliance period for the notice; and

  (j)   state that the penalty is payable to the Commission on behalf of the Commonwealth; and

  (k)   explain how payment of the penalty is to be made; and

  (l)   explain the effect of sections   60M, 60N, 60P and 60Q.

Amount of penalty

  (5)   The penalty to be specified in an infringement notice that is to be issued to a person in relation to an alleged contravention of an infringement notice provision must be:

  (a)   if the person is a listed corporation--600 penalty units; or

  (b)   if the person is a body corporate other than a listed corporation--60 penalty units; or

  (c)   if the person is not a body corporate--12 penalty units.