184When an infringement notice can be given

#### 184 When an infringement notice can be given (1) If an authorised officer, a customs officer or a police officer has reasonable grounds to believe that a person has contravened an infringement notice provision, the officer may give the person an infringement notice relating to the contravention. (1A) An infringement notice provision means any of the following provisions: (aaaa) a designated infringement notice provision (see subsection (4)); (aaa) subsection 51B(1) (which deals with the requirement for reporting entities to enrol on the Reporting Entities Roll); (aa) subsection 51F(1) (which deals with reporting entities notifying changes of their enrolment details); (a) subsection 53(2) (which deals with reports about movements of monetary instruments); (c) subsections 74(1), (1A), (1B) and (1C) (which deal with providing certain remittance services if unregistered or in breach of a condition of registration); (d) subsection 75M(1) (which deals with notifying the AUSTRAC CEO of certain matters); (e) subsections 76A(1) and (2) (which deal with providing certain virtual asset services without being registered); (f) subsection 76P(1) (which deals with notifying the AUSTRAC CEO of certain matters). (1B) Despite subsection (1), an infringement notice relating to the alleged contravention of a designated infringement notice provision may only be given to a person by an authorised officer. (1C) An authorised officer must not issue an infringement notice relating to a contravention of subsection 32(1), 41(2), 43(2), 46(2) or (5), 46A(2) or 49(2) unless the authorised officer considers that issuing such a notice is appropriate in the particular case after taking into account: (a) the nature and extent of the contravention; and (b) the seriousness of the contravention; and (c) the circumstances in which the contravention took place; and (d) any other matter the authorised officer considers to be relevant. (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place. (3) If a customs officer or a police officer issues an infringement notice, the officer must, within 5 business days after the day of issue of the infringement notice, forward a copy of the infringement notice to the AUSTRAC CEO. (4) In this Act: > designated infringement notice provision means any of the following provisions: (aa) subsection 26K(1) or (2) (which deal with reporting entities’ obligation to designate an AML/CTF compliance officer); (ab) subsection 26M(1) (which deals with notifications about AML/CTF compliance officers); (ac) subsection 26N(2) (which deals with AML/CTF program documentation); (ad) subsection 26P(3) (which deals with AML/CTF program approvals); (ae) subsection 26Q(2) (which deals with requests for AML/CTF program documentation); (b) subsection 41(2) (which deals with reporting certain suspicious matters); (c) subsection 43(2) (which deals with reporting a threshold transaction); (d) subsection 46(2) or (5) (which deals with reporting about international value transfer services); (da) subsection 46A(2) (which deals with reporting about transfers of value involving unverified self‑hosted virtual asset wallets); (e) subsection 47(2) (which deals with reporting on compliance with the Act and other instruments); (f) subsection 49(2) (which deals with providing further information on request); (fb) subsection 49B(6) (which deals with complying with a notice requiring certain information or documents); (ff) subsections 64(2), (3) and (5) (which deal with obligations of ordering institutions relating to transfers of value); (fg) subsections 66(4) and (5) (which deal with obligations of intermediary institutions relating to transfers of value); (fh) subsections 66A(4) and (7) (which deal with obligations of ordering and beneficiary institutions relating to virtual asset transfers); (fk) subsection 111(2) (which deals with retaining records relating to customer due diligence); (fl) subsection 114B(2) (which deals with retaining certain records made or obtained under the repealed Financial Transaction Reports Act 1988); (g) subsection 116(1) or (3) (which deal with retaining records relating to AML/CTF programs); (h) subsection 167(3A) (which deals with complying with a notice requiring certain information or documents).