Commonwealth Consolidated Acts

FUEL QUALITY STANDARDS ACT 2000 - SECT 65R

    This Division does not:

  (a)   require an infringement notice to be given to a person; or

  (b)   affect the liability of a person to be prosecuted for an offence if:

  (i)   the person does not comply with an infringement notice given to the person; or

  (ii)   an infringement notice is not given to the person for the offence; or

  (iii)   if a civil penalty provision is constituted by conduct that is substantially the same as the conduct alleged to constitute the offence--an infringement notice is not given to the person in relation to the civil penalty provision; or

  (iv)   an infringement notice is given to the person and is subsequently withdrawn; or

  (c)   affect the liability of a person to be subject to civil proceedings for the contravention of a civil penalty provision if:

  (i)   the person does not comply with an infringement notice given to the person; or

  (ii)   an infringement notice is not given to the person for the contravention; or

  (iii)   if an offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention--an infringement notice is not given to the person in relation to the offence; or

  (iv)   an infringement notice is given to the person and is subsequently withdrawn; or

  (d)   prevent the giving of 2 or more infringement notices to a person for:

  (i)   an alleged offence; or

  (ii)   an alleged contravention of a civil penalty provision; or

  (e)   limit a court's discretion to determine the amount of a penalty to be imposed on a person:

  (i)   convicted of an offence against this Act; or

  (ii)   who has contravened a civil penalty provision.