Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 72TO

Provisions subject to an infringement notice

  (1)   A strict liability offence against subsection   72TG(1) 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)   The Secretary may, by written instrument, appoint one or more of the following persons to be an infringement officer:

  (a)   a member of the Defence Force;

  (b)   an APS employee in the Department.

For the purposes of Part   5 of the Regulatory Powers Act, a person so appointed is an infringement officer in relation to the provision 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 provision mentioned in subsection   (1).

  (4)   The Secretary may, in writing, delegate his or her powers and functions as the relevant chief executive in relation to the provision mentioned in subsection   (1) to:

  (a)   an APS employee who holds or performs the duties of an Executive Level 1 position, or an equivalent or higher position, in the Department; or

  (b)   an officer of the Navy who holds the rank of Commander or a higher rank; or

  (c)   an officer of the Army who holds the rank of Lieutenant - Colonel or a higher rank; or

  (d)   an officer of the Air Force who holds the rank of Wing Commander or a higher rank.

Additional matters to be included in infringement notices

  (5)   In addition to the matters mentioned in subsection   104(1) of the Regulatory Powers Act, an infringement notice given in relation to an alleged contravention of the provision mentioned in subsection   (1) of this section must also state that demerit points may be incurred if:

  (a)   the amount payable under the notice is paid; or

  (b)   the person is convicted or found guilty of the alleged contravention.

Withdrawal of an infringement notice

  (6)   Despite subparagraph   106(3)(b)(i) of the Regulatory Powers Act, when deciding whether or not to withdraw an infringement notice given to a person, the Secretary may take into account whether a court has previously imposed a penalty on the person for a contravention of section   72TC, 72TG or 72TJ of this Act.

Effect of payment of amount

  (7)   In addition to the matters mentioned in subsection   107(1) of the Regulatory Powers Act, if the person to whom an infringement notice is given for an alleged contravention of the provision mentioned in subsection   (1) of this section pays the amount stated in the notice before the end of the period referred to in paragraph   104(1)(h) of that Act, demerit points may be incurred in accordance with Part   7 of the Rules.

Extension to external Territories

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