Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013

The regulations rest on two central procedural concepts: the "infringement notice" as an alternative to prosecution, and the "modified penalty" as a fixed monetary amount payable to avoid court action. Regulation 3 establishes the mapping from particular written offences to the s. 126 infringement procedure in the principal Act. Schedule 1 organises the prescribed offences into divisions keyed to the statute or regulation that creates the substantive offence: Division 1 lists Act offences (s. 15, s. 19, s. 23, s. 24, s. 25, s. 29, s. 30, s. 32, s. 52, s. 56, s. 57, s. 92 etc.), Divisions 2-6 list offences created by various sets of regulations (Biosecurity and Agriculture Management Regulations 2013; Agriculture Standards; Identification and Movement of Stock and Apiaries; Quality Assurance and Accreditation; Agricultural Chemical Record Keeping).

The "modified penalty" is fixed in monetary terms beside each prescribed offence in Schedule 1 and is declared by r. 3(2) to be "the modified penalty for that offence for the purposes of section 126 of the Act". The denominations are specific and non‑discretionary once the instrument is in force. The instrument therefore sets the de facto sanction for particular contraventions when dealt with by infringement notice. For example, failing to comply with a pest control notice (s. 32) attracts a $1,000 modified penalty (Schedule 1 Division 1), while failing to ensure records of agricultural chemical use are made within seven days and retained for two years (r. 4(1) of the Agricultural Chemical Record Keeping Regulations 2020) attracts a $400 modified penalty (Schedule 1 Division 6).

The prescribed forms in Schedule 2 operationalise procedural protections and practical steps: Form 1 must identify the alleged offender, the date, place, the written law contravened, details of the offence, the inspector and signature, the modified penalty amount and the maximum court penalty, and must state that the alleged offender may pay the modified penalty to the Director General within 28 days to avoid prosecution. Form 1 explicitly states that payment "will not be regarded as an admission for the purposes of any civil or criminal court case" and lists enforcement actions that may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994 if payment is not made. Form 2 records the Director General's withdrawal (or delegate), the details and provides refund mechanics where payment has already been made.

Other structural concepts include linkage to inspectors (Form 1 is signed by an inspector), and executive decision‑making by the Director General (Form 2 requires the Director General's or delegate's signature), indicating that issue is operationally an administrative action by inspectors while withdrawal and refunds are centrally determined by the Director General or an authorised delegate. The instrument contains commencement mechanics (r. 2) and a compilation table that documents later amendments to the Schedule and the regulations it references.

The immediate legal targets are persons who commit any of the listed contraventions under the Biosecurity and Agriculture Management Act 2007 and the enumerated regulations. The list is broad and includes importers, commercial carriers (passenger and cargo), owners and occupiers of land, registered persons under identification and movement regimes (owners, purchasers, saleyard operators, carriers, abattoir and export depot operators), permit and quarantine facility holders, people who handle or advise on agricultural chemical products, manufacturers and suppliers of animal feed and fertiliser, beekeepers, and persons who keep or move animals subject to identification (cattle, buffalo, sheep, pigs, horses, donkeys, deer, South American camelids and more).

More specifically:

• Traders importing organisms, unlisted organisms or prescribed potential carriers are within scope (Schedule 1 Div. 1: s. 15(1), s. 15(2), s. 15(3)); commercial passenger carriers must provide prescribed import information and facilities for deposit and disposal of imported organisms (s. 19(2)-(4)) and may face modified penalties if they fail to do so.
• Owners, occupiers or other people in control of organisms or land subject to pest notices and quarantine notices are affected , there are modified penalties for failing to comply with pest exclusion notices (s. 29), pest control notices (s. 32), residue management notices (s. 52(4)), and quarantine notices under the Regulations (r. 57, r. 58, r. 65).
• Persons dealing with agricultural chemical products without requisite qualifications, authorisations or records are affected (s. 56(1)-(6), Schedule 1 Div. 1; Division 6: r. 4(1) agricultural chemical record keeping).
• Businesses in the livestock supply chain , saleyard operators, carriers, abattoir operators, export depot operators and property operators , are repeatedly present in Division 4 with many $500 modified penalties attached to record‑keeping and compliance failures (e.g. r. 104, r. 105, r. 108(1), r. 110(2), r. 116(2)).
• Beekeepers are addressed: registration obligations, identification of hives, records of apiary establishment and removal, display of notices and hive design requirements are all subject to infringement penalties (r. 13(1), r. 202, r. 207, r. 208(1), r. 209(3), r. 210(2), r. 86A(1) etc.).
• Permittees and quarantine facility approvers face modified penalties for contravening permit or approval conditions (r. 98, r. 115, r. 123(1), r. 124).

Institutions and officials affected include inspectors (who must complete and sign Form 1), and the Director General or their delegate (who receives payments and can withdraw notices via Form 2). The instrument also implicates the Department of Agriculture and Food (Form 1 payment is to the Director General, Department of Agriculture and Food, and the compilation table references departmental processes).

Those who do not pay a modified penalty within 28 days face enforcement measures under the Fines, Penalties and Infringement Notices Enforcement Act 1994, as listed in Form 1, which include licence suspensions, vehicle immobilisation, publication of details, garnisheeing of earnings or bank accounts and seizure and sale of property. That shifts long‑term enforcement costs and administrative burdens onto the alleged offender if they choose not to pay the infringement or are prosecuted.

Duties

• The regulations allocate a duty on inspectors to issue an infringement notice in the form prescribed where an inspector elects to offer the infringement option for a prescribed offence (r. 3(1); Schedule 2 Form 1). The notice must contain particular particulars specified in Form 1: alleged offender details, the date/place of the alleged offence, the written law contravened, details of the offence, the inspector’s name and signature, the modified penalty amount, and how to pay (Schedule 2 Form 1).
• Persons who receive an infringement notice under s. 126 of the Act have the duty to either pay the modified penalty to the Director General within 28 days, or elect to have the alleged offence dealt with by prosecution by signing and returning the notice (Schedule 2 Form 1). The 28‑day timeframe is an express procedural duty for action on the recipient.
• The Director General or delegate has a duty to process withdrawals in the form prescribed (Form 2) and, where a modified penalty has been paid and the notice is withdrawn, to refund the payer (Schedule 2 Form 2).
• Altered or withdrawn notices must be recorded on Form 2, including the signature of the Director General or delegate and the date (Schedule 2 Form 2).

Rights

• The recipient of an infringement notice has the right to elect prosecution instead of paying the modified penalty: Form 1 contains a space to sign and return if the person "want[s] this matter to be dealt with by prosecution in court" (Schedule 2 Form 1).
• The recipient has a right to request withdrawal of the notice by writing to the Director General with reasons within 28 days (Schedule 2 Form 1).
• Payment of the modified penalty is not to be treated as an admission in civil or criminal proceedings (Schedule 2 Form 1). That is an express protection for the payer’s standing in other legal processes.
• Where a notice is withdrawn and the payer has already paid, the payer “is entitled to a refund” (Schedule 2 Form 2). The Form also provides a mechanism for claiming the refund if it is not enclosed at time of withdrawal.

Operational details and constraints

• The Form requires the method of service and the date of service to be recorded (Schedule 2 Form 1). That is an administrative constraint: service particulars need to be accurate for the 28‑day timeframe to be fixed.
• The Form sets out payment options (post, in person, credit card) and requires completion of card details and signature if payment by credit card is selected (Schedule 2 Form 1). These are practical duties imposed on an alleged offender wishing to discharge the modified penalty.
• The Director General’s decision to withdraw an infringement notice may be made by the Director General or a delegate, as Form 2 is signed by the Director General or delegate (Schedule 2 Form 2). That indicates a delegated administrative power and a duty to process refunds where appropriate.

Limitations and scope

• The instrument does not itself create offences; it delegates the means of administrative enforcement to specified contraventions created elsewhere (r. 3; Schedule 1). The practical duty to comply with substantive biosecurity obligations remains under the Act and subordinate regulations; the regulations here only specify which of those contraventions can be resolved by payment of a modified penalty.
• The regulations specify the monetary limits of the infringement option for each listed offence; they do not alter the maximum court penalties for the substantive offences. Form 1 explicitly shows the "Penalty" (maximum fine that can be imposed on conviction), distinguishing the administrative option from court sanctions (Schedule 2 Form 1).

The instrument prescribes monetary “modified penalties” for each listed offence in Schedule 1, which are the amounts payable to avoid prosecution under s. 126 of the principal Act (r. 3(2)). The modified penalties are discrete amounts stated next to each listed offence. Two implementation features are central to enforcement:

• The modified penalties are fixed in Schedule 1 and wide‑ranging. They start at $100 for minor administrative or labelling offences (for example r. 11(6) keeping potential carriers other than authorised at $100; r. 26(2) advertising supply of declared pest at $100). Many routine regulatory breaches attract $200 or $400 penalties. Several compliance failures attract $500 or $1,000 penalties, and one item in Schedule 1 , r. 10(6) in the Agriculture Standards Regulations (failing to comply with a duty or obligation in a residue quarantine notice) , is set at $2,000, the highest modified penalty listed.
• The infringement process has an operational timeframe: Form 1 requires payment within 28 days after the date of the notice to avoid prosecution (Schedule 2 Form 1). If the person does not pay within 28 days they may be prosecuted, or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994, and Form 1 lists several possible enforcement actions under that Act (suspension of driver’s licence, vehicle licence suspension or cancellation, disqualification from obtaining licences, vehicle immobilisation or removal of number plates, publication on a website, garnisheeing wages or bank accounts, and seizure and sale of property) (Schedule 2 Form 1). The instrument therefore ties the infringement notice to the State’s existing enforcement machinery for unpaid pecuniary penalties.

Issuing and withdrawal

• Inspectors issue the infringement notices (Form 1 bears an "Inspector Name" and signature field). The regulations do not set out the inspector's decision criteria; they simply prescribe the form and content of the notice (r. 4; Schedule 2). The practical enforcement discretion to issue an infringement instead of prosecuting remains an inspector/agency decision under the principal Act framework (Schedule 1 refers to s. 126).
• Withdrawals are processed by the Director General or delegate (Form 2 requires the Director General's or delegate's signature and provides for refunds where a modified penalty has been paid). There is a named procedural course for the recipient to "write to the Director General ... requesting that this notice be withdrawn" and to set out reasons, and that such requests must be received no later than 28 days after the date of the notice (Schedule 2 Form 1). That creates a short administrative review window.

Enforcement consequences and limits

• The instrument does not itself create criminal conviction records on payment of a modified penalty; Form 1 expressly states payment "will not be regarded as an admission for the purposes of any civil or criminal court case" (Schedule 2 Form 1). The infringement procedure therefore functions as an administrative disposal with a statement preserving the payer's legal position in other proceedings.
• Non‑payment exposes the recipient to two tracks: prosecution in court for the substantive offence or enforcement action under the Fines, Penalties and Infringement Notices Enforcement Act 1994 (Schedule 2 Form 1). The regulations do not specify thresholds or conflict‑resolution processes between prosecutor discretion and infringement issuance; they rely on the principal Act's s. 126 and the enforcement Act for those mechanisms.

Practical enforcement issues that flow from the instrument include the need to maintain up‑to‑date and accurate register of authorised payment addresses, receipt and refund handling by the Director General's office, timely recording of service dates for the 28‑day calculation, and coordination with Fines Enforcement processes if a modified penalty is unpaid.

The regulations operate as an accessory instrument to a suite of primary and subordinate written laws referenced throughout the schedules. The following interactions are explicit in the text:

Linkage to the Biosecurity and Agriculture Management Act 2007

• Regulation 3 expressly links the Schedule to s. 126 of the Act: the listed offences are "offences for which an infringement notice may be issued under section 126 of the Act" (r. 3(1)). The regulations therefore rely on the Act’s legal authority to permit infringement notices. The Schedule lists a range of sections of the Act (for example s. 15, s. 19, s. 23, s. 24, s. 25, s. 29, s. 30, s. 32, s. 52, s. 56, s. 57, s. 92) as the substantive offences that are eligible for administrative disposal by infringement notice.

Interplay with multiple subordinate regulations

• Schedule 1 lists offences created by the Biosecurity and Agriculture Management Regulations 2013, the Agriculture Standards Regulations 2013, the Identification and Movement of Stock and Apiaries Regulations 2013, the Quality Assurance and Accreditation Regulations 2013, and the Agricultural Chemical Record Keeping Regulations 2020. The instrument therefore creates a single infringement‑notice regime applied across these multiple subordinate instruments.

Intersection with enforcement law

• Form 1 refers directly to the Fines, Penalties and Infringement Notices Enforcement Act 1994 as the enforcement mechanism if a modified penalty is not paid within 28 days (Schedule 2 Form 1). That Act supplies practical enforcement tools such as licence suspension, garnishment and seizure and sale of property. The interaction is procedural: the Biosecurity and Agriculture Management (Infringement Notices) Regulations supply the content and amounts of modified penalties; the enforcement Act supplies collection and enforcement powers.

Administrative processes and departmental roles

• The prescribed forms direct payment to the Director General, Department of Agriculture and Food (Schedule 2 Form 1). The Director General is identified as the recipient and the signatory authority for withdrawals (Schedule 2 Form 2). The regulations therefore integrate operationally with departmental finance and administrative processes and the delegate framework for the Director General.

Statutory hierarchy and non‑alteration of substantive penalties

• The instrument is careful to distinguish the modified penalty from the "Penalty" (the maximum fine on conviction) on Form 1 (Schedule 2 Form 1). That reflects that the regulations do not alter the maximum sentences or civil/criminal consequences set out in the primary legislation, they only provide an administrative alternative for specified contraventions.

Commencement and amendment interplay

• The compilation table and the notes show that the instrument has been amended over time (2015, 2019, 2020). Those amendments affect which subordinate offences are included and the modified penalties attached. The instrument therefore must be read alongside its amendment history and the current versions of each named subordinate regulation to determine the full operative content.

What is not in the instrument

• The instrument does not restate s. 126 or s. 127 of the Act; it presumes readers will consult the Act for the broader procedural and legal rules surrounding issuance, notice content, discretion to issue, and appeal rights that the Act supplies. The regulations provide the schedule and forms necessary to operationalise the infringement mechanism; they do not independently confer or limit sovereign powers beyond what the Act permits.

The compilation table in the instrument contains the amendment history affecting this instrument and shows the dates of publication and commencement for each amending instrument. The record in the Schedule and notes shows the following modifications and insertions:

• Original instrument: Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013, published in the Gazette on 24 September 2013, with r. 1 and 2 commencing on 24 September 2013 and the rest on 25 September 2013.
• Amendment in 2015: Biosecurity and Agriculture Management (Infringement Notices) Amendment Regulations 2015, published 16 June 2015, with r. 1 and 2 commencing on 16 June 2015 and other regulations on 17 June 2015. This amendment is recorded in the notes as affecting Division 3 (see "Division 3 amended: Gazette 16 Jun 2015 p. 2072").
• Amendments in 2019: Two instruments are recorded , Biosecurity and Agriculture Management Regulations Amendment Regulations (No. 2) 2019 (Pt. 3), published 27 June 2019 and commencing 28 June 2019; and Biosecurity and Agriculture Management Regulations Amendment Regulations 2019 (Pt. 3), published 6 September 2019 and commencing 7 September 2019. The notes indicate Division 2 was amended on 6 Sep 2019 (Gazette p. 3195).
• 2020 amendments: Two statutory instruments are recorded. The Biosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020 (SL 2020/130) inserted Division 6; it was published 14 August 2020 and commenced 11 September 2020. Also, Agriculture and Food Regulations Amendment (Infringement Notices) Regulations 2020 (SL 2020/160) amended the forms (Form 1 amended SL 2020/160 r. 4) and commenced on 29 September 2020 (see r.2(b) and SL 2020/159 cl. 2(a)).

Internal Schedule annotations show where divisions were amended: Division 2 amended (Gazette 6 Sep 2019 p. 3195); Division 3 amended (Gazette 16 Jun 2015 p. 2072); Division 4 amended (Gazette 27 Jun 2019 p. 2452); Division 6 was inserted via the 2020 Regulations (SL 2020/130 r. 7); Form 1 was amended by SL 2020/160 r. 4. The compilation table appears at the end of the instrument, with specific citation, publication and commencement details for each amending instrument.

These entries indicate that the content of Schedule 1, in particular the identification of regulated offences and the quantum of modified penalties, has been the subject of periodic revision to reflect changes in the underlying regulatory framework (for example, the insertion of an agricultural chemical record keeping regulation in 2020). The instrument’s structure permits future amendment by later regulations to add or remove prescribed offences or change modified penalties, as demonstrated by the recorded changes.

For users of the instrument, the consequence is that one must consult the latest consolidated version (the compilation) and the Gazette entries to confirm the current list of prescribed offences and penalties, because the Schedule has been adjusted several times since the instrument’s original publication.

The compilation and schedule provided contain no reported judicial decisions or litigation history. The text of the regulations, the Schedules and the prescribed forms do not reference any court decisions, appeal outcomes or judicial interpretations. The instrument is an administrative enforcement mechanism and the included material , the offences and monetary amounts , is procedural and prescriptive; the document itself does not record litigation.

Where litigation might arise is implicit: recipients of infringement notices have the option to elect prosecution by returning the notice (Schedule 2 Form 1). That procedural election could lead to court proceedings under the underlying Act or subordinate regulations in which the statutory provisions listed in Schedule 1 are adjudicated. The instrument does not list or summarise any cases or judicial treatments of the infringement scheme, nor does it provide guidance on precedent.

Given the absence of any litigation references within the instrument, researchers and practitioners must look to the case law (including decisions interpreting s. 126 and s. 127 of the Biosecurity and Agriculture Management Act 2007 and any appeals concerning the administration of infringement notices) in the usual legal databases, and to decisions under the Fines, Penalties and Infringement Notices Enforcement Act 1994 where enforcement steps were contested. The instrument itself should be read together with the primary Act’s provisions on infringement notices and any judicial interpretations of those provisions, but such judgments are outside the scope of this document as none are recorded in the compilation provided.

Items where the instrument’s text creates or amplifies practical or legal risks for regulated parties are set out below. These are drawn strictly from the content of the regulations and prescribed forms rather than wider practice or case law.

Time pressure , 28‑day window

• The Form 1 prescribes a 28‑day deadline within which the offender must pay the modified penalty to the Director General "to avoid prosecution" (Schedule 2 Form 1). The method of service and the date of service must be recorded on the notice. If the service date is recorded incorrectly or contested, the 28‑day clock becomes a point of contention. The recipient’s failure to respond within 28 days exposes them to prosecution or enforcement under the Fines, Penalties and Infringement Notices Enforcement Act 1994.

Payment is administrative, not an admission, but procedural consequences persist

• Form 1 states payment is "not ... an admission for the purposes of any civil or criminal court case" but paying still has clear practical consequences: it resolves the matter administratively and avoids court. If a recipient wishes to preserve the right to have the matter considered by a court (for example to create a record of innocence or to litigate facts), they must sign and return Form 1 asking for prosecution rather than pay. There is no express statement in the forms that paying precludes later civil liability arising from related conduct; the form only addresses admission in court.

Director General/delegate withdrawal window and process

• The recipient must apply for withdrawal by writing to the Director General and providing reasons within 28 days (Schedule 2 Form 1). The instrument does not set out the grounds on which withdrawal will or will not be granted, or any internal review procedure beyond the Director General/delegate signatory in Form 2. That centralises discretion and places an evidentiary and timeliness burden on applicants seeking withdrawal.

Range and spikes in modified penalties

• Modified penalties vary significantly between commodities and obligations. For instance, the highest modified penalty in the Schedule is $2,000 for failing to comply with a duty in a residue quarantine notice (r. 10(6) of the Agriculture Standards Regulations, Division 3). Most offences are $200-$500, but important industry obligations, particularly related to residues, pest control, or unauthorised dealing with chemical products (s. 56(1)-(6)), carry $1,000 penalties. Regulated businesses should note that the monetary difference may be significant relative to the regulatory cost of compliance or the benefit of non‑compliance.

Multiplicity of offences across supply chains

• The Schedule lists multiple separate contraventions for different actors in a single supply chain (e.g. saleyard operator failures (r. 104, r. 105), carrier failures (r. 189, r. 199), purchaser responsibilities (r. 192)). A single incident could potentially generate multiple infringement notices against different actors for interconnected failures. This multiplicity increases aggregate financial and administrative exposure.

Interplay with enforcement legislation

• Form 1 lists enforcement options available under the Fines, Penalties and Infringement Notices Enforcement Act 1994 if a modified penalty is unpaid. Those enforcement actions have consequences beyond the immediate modified penalty (licence suspensions, garnisheeing). Recipients should consider the broader legal exposure if they decline to pay and are later unsuccessful in court or if they fail to comply with court processes.

Form content and administrative precision

• The Form requires the inspector to enter the written law contravened and details of the offence. Inaccuracies in identifying the precise provision could become procedural grounds for challenge. The regulations themselves are silent on correction mechanisms or administrative rectification processes beyond withdrawal by the Director General.

No express internal review or merits appeal mechanism in the instrument

• While the Form provides for recipients to "write to the Director General ... requesting that this notice be withdrawn" and to provide reasons, the instrument does not set out detailed review or merits appeal procedures or timelines for the Director General's decision. The practical administration therefore depends on departmental policy and practices that are not specified in the regulations.

Scope of offences and potential overlap with non‑listed contraventions

• The Schedule selects specific offences eligible for infringement; other contraventions under the Act or its regulations may remain prosecutable only in court. The choice to prescribe certain offences and not others can create compliance risk if regulated parties assume that any contravention will be resolvable by an infringement notice. Only those listed in Schedule 1 are eligible for the infringement‑notice route (r. 3(1)).

Delegation and accountability

• Form 2 contemplates signing by the Director General or delegate. Delegation creates an administrative convenience but also means that the identity and authority of delegates, and how delegation is exercised, will affect withdrawal outcomes. The instrument does not specify delegation limits or transparency requirements.

Compliance requires both substantive adherence to the primary Act and its subordinate regulations and attention to the administrative mechanics of the infringement regime. The following steps and practical measures are grounded in the text of the regulations and the forms it prescribes.

1. Map obligations to Schedule 1 items

• Undertake an audit of activities against the specific offences listed in Schedule 1. The Schedule spans the Act (s. 15, s. 19, s. 23, s. 24, s. 25, s. 29, s. 30, s. 32, s. 52, s. 56, s. 57, s. 92 etc.) and numerous regulation provisions (see Divisions 2-6). For each business activity (importation, transport, stock movement, chemical use, feed labelling, quarantine facility operation, beekeeping, saleyard operations), identify whether the failure mode is a prescribed infringement offence and note the fixed modified penalty beside it (Schedule 1).

2. Prioritise controls where modified penalties are high

• The largest modified penalty listed is $2,000 (r. 10(6), residue quarantine notice obligations, Division 3). Next tier includes $1,000 penalties in Division 1 for failing to control declared pests or dealing with chemical products without authorisation (s. 23(1), s. 32, s. 56 series). Prioritise compliance procedures and monitoring for those obligations, because an infringement notice in those categories generates a relatively high and not‑insignificant administrative cost, and non‑payment can trigger enforcement proceedings under the Fines Enforcement Act (Schedule 2 Form 1).

3. Record‑keeping and notification systems

• Many listed infractions concern record retention and notifications (e.g. agricultural chemical record keeping r. 4(1) , failing to make record no later than seven days and retain for two years attracts $400; r. 36(4) failing to keep record of search or surveillance $100; r. 190(5) failing to retain copy of waybill for specified time $200). Implement standardised record creation, retention and retrieval procedures aligned with the timeframes stated in the underlying regulations. Ensure that administrative personnel know where to locate the records if an inspector requests them (s. 21(3)/Schedule 1 indicates presenting information to an inspector is an offence if not done).

4. Training front‑line staff and carriers

• For commercial carriers and saleyard operators there are several specific obligations with $200-$500 penalties for failures (e.g. s. 19(2) commercial passenger carriers giving prescribed import information $300; r. 104 saleyard operator failing to apply NLIS device $500). Train drivers, handlers and operational staff on the precise actions required: giving notices, retaining waybills, presenting organisms for inspection, stopping when instructed by warning signs, operating quarantine facilities in accordance with approvals and permits.

5. Permit and quarantine compliance

• Ensure permits and quarantine facilities are operated within conditions. Contravening permit conditions (r. 98), falsifying holder or facility identity (r. 105, r. 124), or altering quarantine facilities without approval (r. 123(1)) appear in Schedule 1 with modified penalties. Maintain documentation proving permit compliance, and keep a checklist of approval conditions to facilitate inspection.

6. Managing receipt of an infringement notice

• If an inspector issues a Form 1 infringement notice, the recipient has 28 days to pay the modified penalty to the Director General or elect prosecution by signing and posting the notice back. The Form requires the recipient to either pay or sign to opt for prosecution (Schedule 2 Form 1). If the recipient believes the notice should be withdrawn, they must write to the Director General with the reasons within 28 days. Prepare processes to escalate receipt of any infringement notice internally immediately, so legal/operational review and a decision on payment versus contest can be made within the 28‑day window.

7. Payment and refund mechanics

• The Form lists payment methods (post with cheque/money order, credit card with card details, or in person at a cashier) and requires precise completion of those payment particulars (Schedule 2 Form 1). If a recipient pays and subsequently obtains a withdrawal, they are entitled to a refund and must follow Form 2’s directions to claim it where required (Schedule 2 Form 2). Ensure finance teams are aware of these processes and keep proof of payment and of the notice service date.

8. Monitor departmental delegations and withdrawal practices

• Because the Director General or delegate authorises withdrawals, build a record of any departmental guidance or internal policies on how the Director General treats withdrawal requests and refunds. The regulations do not prescribe merits review processes; administrative practice will shape outcomes.

9. Coordinate with enforcement exposure

• Non‑payment of a modified penalty allows use of the Fines, Penalties and Infringement Notices Enforcement Act 1994. Understand how that enforcement regime works in practice (licence suspensions, garnishment, seizure and sale), and ensure any decision to decline payment or elect prosecution is informed by an assessment of those downstream enforcement risks.

10. Keep abreast of amendments

• The Schedule and modified penalties have been amended (2015, 2019, 2020). Regularly check the consolidated instrument and Gazette notices for changes to the list of prescribed offences and penalty amounts. Changes to underlying regulations (Agriculture Standards, NLIS, Chemical Record Keeping) may trigger corresponding changes to which offences are eligible for infringement or to the modified penalty quantum.

Following these steps aligns operational and compliance activities with the mechanics set out in r. 3 and r. 4 and in Schedule 1 and Schedule 2 forms, and minimises the risk that a straightforward administrative omission becomes a contested enforcement matter subject to prosecutorial and fines enforcement actions.