Commonwealth Consolidated Acts Commonwealth Consolidated ActsProvisions subject to an infringement notice
(1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:
(a) subsections 168(2) and (3);
(b) subsections 201(6) and (7);
(c) subsection 203(3);
(d) subsections 267(2) and (3).
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, each person mentioned in column 1 of an item of the following table is an infringement officer in relation to a provision mentioned in column 2 of the item.
Infringement officers | ||
Item | Column 1 Infringement officer | Column 2 Provisions |
1 | The Registrar | (a) subsections 168(2) and (3); (b) subsections 267(2) and (3). |
2 | An OEI inspector | (a) subsections 201(6) and (7); (b) subsections 203(3); (c) subsections 267(2) and (3). |
Relevant chief executive
(3) For the purposes of Part 5 of the Regulatory Powers Act, the relevant chief executive in relation to the provisions mentioned in subsection (1) is:
(a) if an OEI inspector is the infringement officer under subsection (2) for the provision--the CEO; or
(b) if the Registrar is the infringement officer under subsection (2) for the provision--the Secretary of the Registrar's Department.
(4) The CEO may delegate the relevant chief executive's powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions for which the CEO is the relevant chief executive to:
(a) a member of the staff of the Regulator; or
(b) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department; or
(c) a person prescribed by the regulations.
(5) The Secretary of the Registrar's Department may delegate the relevant chief executive's powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions for which that Secretary is the relevant chief executive to an SES employee, or acting SES employee, in the Registrar's Department.
(6) A person exercising powers or performing functions under a delegation under subsection (4) or (5) must comply with any directions of the relevant chief executive.
Single infringement notice may deal with more than one contravention
(7) 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) of this section; or
(b) alleged contraventions of 2 or more provisions mentioned in subsection (1) of this section.
However, the notice must not require the person to pay more than one amount in respect of the same conduct.
Regulations may set out other matters to be included
(8) The regulations may prescribe other matters that are to be included in an infringement notice given in respect of a contravention of a provision mentioned in subsection (1).
Extension to Commonwealth offshore area
(9) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to the Commonwealth offshore area.
Extension to external Territories
(10) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory to which this Act extends.
Note: For the external Territories to which this Act extends, see section 5.