Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Subsection 4(1)
Insert:
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
2 At the end of subsection 72TG(2)
Add:
Note: See also section 72TO (about infringement notices for a contravention of this section).
3 After section 72TN
Insert:
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.
4 Subsections 72TP(4) and (5)
Repeal the subsections.
Part 2 -- Application and saving provision
5 Application and saving provision--infringement notices
(1) Part 5 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies under section 72TO of the Defence Act 1903 , applies in relation to alleged contraventions of subsection 72TG(1) of the Defence Act 1903 occurring on or after the commencement of this Schedule.
(2) Part 6 of the Woomera Prohibited Area Rule 2014 , as in force immediately before the commencement of this Schedule, applies in relation to alleged contraventions of subsection 72TG(1) of the Defence Act 1903 occurring before the commencement of this Schedule.
(3) If, immediately before the repeal of subsections 72TP(4) and (5) of the Defence Act 1903 by item 4 of this Schedule, a person was an authorised person for the purposes of Part 6 of the Woomera Prohibited Area Rule 2014 , on and after the commencement of that item, the person is taken to have been appointed as an infringement officer by the Secretary under subsection 72TO(2) of the Defence Act 1903 .
(4) Subitem ( 3) does not prevent the Secretary from:
(a) rescinding the appointment of a person who was an authorised person immediately before the repeal of subsections 72TP(4) and (5); or
(b) appointing that or another person as an infringement officer under subsection 72TO(2) of the Defence Act 1903 .
(5) Nothing in this Schedule affects the application of Part 7 of the Woomera Prohibited Area Rule 2014 to contraventions of subsection 72TG(1) of the Defence Act 1903 , whether occurring before, on or after the commencement of this Schedule.