Commonwealth Consolidated Acts Commonwealth Consolidated ActsRegulatory Powers (Standard Provisions) Act 2014
1 Section 22 (heading)
Repeal the heading, substitute:
22 Securing evidence of a contravention
2 Paragraph 22(1)(b)
Repeal the paragraph, substitute:
(b) an authorised person believes on reasonable grounds that:
(i) a provision that is subject to monitoring under this Part, or a related provision, has been contravened with respect to the thing; or
(ii) the thing affords evidence of the contravention of a provision that is subject to monitoring under this Part, or a related provision; or
(iii) the thing is intended to be used for the purpose of contravening a provision that is subject to monitoring under this Part, or a related provision; or
(iv) the thing affords evidence that information subject to monitoring under this Part is not correct; and
3 Subsection 22(1)
Omit "The equipment may be secured by locking it up", substitute "The thing may be secured by locking it up".
4 Paragraph 35(2)(b)
Omit "1 year", substitute "5 years".
5 Paragraph 76(2)(b)
Omit "1 year", substitute "5 years".
6 Subsection 82(2)
Omit "4 years", substitute "6 years".
7 Paragraph 104(1)(e)
Repeal the paragraph, substitute:
(e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:
(i) the provision that was allegedly contravened; and
(ii) the maximum penalty that a court could impose for each contravention, if the provision were contravened; and
(iii) the time (if known) and day of, and the place of, each alleged contravention; and
8 Subsection 104(2)
Repeal the subsection, substitute:
(2) If the notice relates to only one alleged contravention of the provision by the person, the amount to be stated in the notice for the purposes of paragraph ( 1)(f) is the lesser of:
(a) one - fifth of the maximum penalty that a court could impose on the person for that contravention; and
(b) 12 penalty units where the person is an individual, or 60 penalty units where the person is a body corporate.
(3) If the notice relates to more than one alleged contravention of the provision by the person, the amount to be stated in the notice for the purposes of paragraph ( 1)(f) is the lesser of:
(a) one - fifth of the amount worked out by adding together the maximum penalty that a court could impose on the person for each alleged contravention; and
(b) either:
(i) if the person is an individual--the number of penalty units worked out by multiplying the number of alleged contraventions by 12; or
(ii) if the person is a body corporate--the number of penalty units worked out by multiplying the number of alleged contraventions by 60.
Note: Under section 103, a single infringement notice may only deal with multiple contraventions if they are contraventions of a single provision continuing over a period.
(4) Subsections ( 2) and (3) do not apply if another Act expressly provides otherwise.
Part 2 -- Application of amendments
9 Amendments relating to monitoring powers
The amendments made by items 2 and 3 of this Schedule apply where premises are entered under Part 2 of the Regulatory Powers (Standard Provisions) Act 2014 on or after the commencement of those items.
10 Amendments relating to identity cards
The amendments made by items 4 and 5 of this Schedule apply to:
(a) identity cards issued during the period of 12 months immediately before the commencement of those items; and
(b) identity cards issued on or after the commencement of those items.
11 Amendment relating to civil penalty orders
The amendment made by item 6 of this Schedule applies in relation to an application for a civil penalty order made on or after the commencement of that item.
12 Amendments relating to infringement notices
The amendments made by items 7 and 8 of this Schedule apply in relation to infringement notices issued on or after the commencement of those items.