Part 14EInfringement notices

Part 14E—Infringement notices   205XAA  Simplified outline • This Part sets up a system of infringement notices for contraventions of a designated infringement notice provision as an alternative to the institution of court proceedings. 205XA  Formal warning   If an authorised infringement notice officer has reasonable grounds to believe that a person has contravened a designated infringement notice provision (other than a designated infringement notice provision in Part 9E), the officer may, by written notice given to the person:  (a) inform the person accordingly; and  (b) warn the person that the officer, or another authorised infringement notice officer, may be entitled to give the person an infringement notice relating to the contravention. Note: See subsection 205Y(4). 205Y  When an infringement notice can be given  (1) If an authorised infringement notice officer has reasonable grounds to believe that a person has contravened a designated infringement notice provision, the officer may give the person an infringement notice relating to the contravention.  (2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.  (3) Subsection (1) has effect subject to subsections (4) and (5).  (4) An authorised infringement notice officer must not give a person an infringement notice relating to a contravention of a designated infringement notice provision unless the officer, or another authorised infringement notice officer, has previously given a notice to the person under section 205XA in relation to:  (a) the contravention; or  (b) a similar contravention.  (5) Subsection (4) does not apply in relation to a contravention of a designated infringement notice provision in Part 9E. 205Z  Matters to be included in an infringement notice   An infringement notice must:  (a) set out the name of the person to whom the notice is given; and  (b) set out the name of the person who gave the notice; and  (c) set out brief details relating to the alleged contravention of a designated infringement notice provision, including the date of the alleged contravention; and  (d) contain a statement to the effect that proceedings will not be brought in relation to the alleged contravention if the penalty specified in the notice is paid to the ACMA, on behalf of the Commonwealth, within:  (i) 28 days after the notice is given; or  (ii) if the ACMA allows a longer period—that longer period; and  (e) give an explanation of how payment of the penalty is to be made; and  (f) set out the effect of section 205ZB; and  (g) set out such other matters (if any) as are specified in the regulations. 205ZA  Amount of penalty  (1) The penalty to be specified in an infringement notice given to a person must be a pecuniary penalty equal to:  (aaa) if the infringement notice relates to subsection 130ZZP(3) and the person is a body corporate—60 penalty units; or  (aab) if the infringement notice relates to subsection 130ZZQ(3) and the person is a body corporate—30 penalty units; or  (aac) if the infringement notice relates to subsection 146Z(3) and the person is a body corporate—30 penalty units; or  (aa) if the infringement notice relates to subclause 25(1) of Schedule 8 and the person is a body corporate—60 penalty units; or  (a) if the infringement notice does not relate to a provision mentioned in paragraph (aaa), (aab), (aac) or (aa) and the person is a commercial television broadcasting licensee or a subscription television broadcasting licensee—60 penalty units; or  (b) in any other case—10 penalty units.  (2) Subsection (1) does not apply to an infringement notice that relates to subsection 74F(1), 74G(1), 74H(1), 74J(1), 74K(1), 121FZP(1), 121FZS(1) or 121FZT(3).  (3) If an infringement notice given to a person relates to subsection 74F(1), 74G(1), 74H(1), 74J(1) or 74K(1), the penalty to be specified in the infringement notice must be a pecuniary penalty equal to:  (a) if the person is a body corporate—60 penalty units; or  (b) in any other case—10 penalty units.  (4) If an infringement notice given to a person relates to subsection 121FZP(1), 121FZS(1) or 121FZT(3), the penalty to be specified in the infringement notice must be a pecuniary penalty equal to:  (a) if the person is a body corporate—60 penalty units; or  (b) in any other case—12 penalty units. 205ZB  Withdrawal of an infringement notice  (1) This section applies if an infringement notice is given to a person.  (2) An authorised infringement notice officer may, by written notice (the withdrawal notice) given to the person, withdraw the infringement notice.  (3) To be effective, the withdrawal notice must be given to the person within 28 days after the infringement notice was given. Refund of penalty if infringement notice withdrawn  (a) the penalty specified in the infringement notice is paid; and  (b) the infringement notice is withdrawn after the penalty is paid; the Commonwealth is liable to refund the penalty. 205ZC  What happens if the penalty is paid  (a) an infringement notice relating to an alleged contravention of a designated infringement notice provision is given to a person; and  (b) the penalty is paid in accordance with the infringement notice; and  (c) the infringement notice is not withdrawn.  (2) Any liability of the person for the alleged contravention is discharged.  (3) Proceedings may not be brought against the person for the alleged contravention. 205ZD  Effect of this Part on criminal proceedings   This Part does not:  (a) require an infringement notice to be given in relation to an alleged contravention of a designated infringement notice provision; or  (b) affect the liability of a person to have proceedings brought against the person for an alleged contravention of a designated infringement notice provision if:  (i) the person does not comply with an infringement notice relating to the contravention; or  (ii) an infringement notice relating to the contravention is not given to the person; or  (iii) an infringement notice relating to the contravention is given to the person and subsequently withdrawn; or  (c) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found in proceedings to have contravened a designated infringement notice provision. 205ZE  Appointment of authorised infringement notice officer   The ACMA may, by writing, appoint a member of the staff of the ACMA as an authorised infringement notice officer for the purposes of this Act. 205ZF  Regulations   The regulations may make further provision in relation to infringement notices. Part 14F—Grants   205ZG  Simplified outline of this Part • The ACMA may, on behalf of the Commonwealth, make a grant of financial assistance to:  (a) a publisher of a newspaper, magazine or other periodical; or  (b) a content service provider. • A grant must be in respect of:  (a) the financial year commencing on 1 July 2018; or  (b) the financial year commencing on 1 July 2019; or  (c) the financial year commencing on 1 July 2020. • The Minister may constitute an advisory committee to advise the ACMA. 205ZH  Grants  (1) The ACMA may, on behalf of the Commonwealth, make a grant of financial assistance to:  (a) a constitutional corporation that publishes a newspaper, magazine or other periodical; or  (b) a content service provider (within the meaning of Schedule 7); in respect of:  (c) the financial year commencing on 1 July 2018; or  (d) the financial year commencing on 1 July 2019; or  (e) the financial year commencing on 1 July 2020; or  (f) the financial year commencing on 1 July 2021.  (2) A grant of financial assistance must not be made to a person under this section unless the person is party to an agreement under subsection 205ZJ(2).  (3) The total amount of financial assistance granted under this section must not exceed $50,100,000.  (4) Payments under this section are to be made out of money appropriated by the Parliament by another Act. Note: The other Act will usually be an Annual Appropriation Act. 205ZJ  Terms and conditions for grants  (1) This section applies to a grant of financial assistance under section 205ZH. Terms and conditions  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the recipient.  (3) An agreement under subsection (2) may be entered into by the ACMA on behalf of the Commonwealth. Core condition  (4) An agreement under subsection (2) must set out a condition to the effect that the recipient will spend the amount of the grant in connection with a matter specified in the agreement.  (5) If the grant is made to the recipient in the recipient’s capacity as a constitutional corporation that publishes a newspaper, magazine or other periodical, the specified matter must concern the recipient’s activities, so far as those activities relate to the newspaper, magazine or other periodical.  (6) If the grant is made to the recipient in the recipient’s capacity as a content service provider (within the meaning of Schedule 7), the specified matter must concern the recipient’s activities, so far as those activities relate to the provision of a content service (within the meaning of Schedule 7). 205ZK  Advisory committee  (1) The Minister may constitute a committee to advise the ACMA in relation to the exercise of the ACMA’s powers under this Part.  (2) In exercising its powers under this Part, the ACMA must have regard to any relevant advice given to it by the committee.  (3) Subsection (2) does not, by implication, limit the matters to which the ACMA may have regard. Remuneration  (4) A member of the committee is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, a member of the committee is to be paid such remuneration as the Minister determines in writing.  (5) A member of the committee is to be paid such allowances as the Minister determines in writing.  (6) Subsections (4) and (5) have effect subject to the Remuneration Tribunal Act 1973.  (7) A determination made by the Minister under subsection (4) or (5) is a legislative instrument. Sunsetting  (8) The committee ceases to exist at the end of 30 June 2021. 205ZL  Annual report   The Chair of the ACMA must include in the annual report on the ACMA given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a financial year mentioned in subsection 205ZH(1):  (a) the name of each person who received one or more grants of financial assistance under section 205ZH in respect of the financial year; and  (b) the amount of each of those grants; and  (c) the purpose of each of those grants; and  (d) any advice given during the financial year to the ACMA by the committee constituted under section 205ZK. 205ZM  Short title of amending Act does not limit the powers conferred by this Part   To avoid doubt, the use of the expression “Regional and Small Publishers Innovation” in the short title of the Act that inserted this Part does not limit the powers conferred by this Part.