Commonwealth Consolidated Acts

DATA AVAILABILITY AND TRANSPARENCY ACT 2022 - SECT 114

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.

  (2)   However, an infringement officer may not give a person an infringement notice under section   103 of the Regulatory Powers Act in relation to a contravention of a civil penalty provision of this Act unless the Commissioner has made a determination under section   102 of this Act setting out the Commissioner's opinion that the person has contravened the provision.

Infringement officer and relevant chief executive

  (3)   For the purposes of Part   5 of the Regulatory Powers Act:

  (a)   the Commissioner is an infringement officer in relation to the provisions mentioned in subsection   (1); and

  (b)   the Commissioner is the relevant chief executive in relation to the provisions mentioned in subsection   (1).

Single infringement notice may deal with more than one contravention

  (4)   Despite subsection   103(3) of the Regulatory Powers Act, a single infringement notice may be given to a person in respect of:

  (a)   2 or more alleged contraventions of a provision mentioned in subsection   (1); or

  (b)   alleged contraventions of 2 or more provisions mentioned in subsection   (1).

However, the notice must not require the person to pay more than one amount in respect of the same conduct.