184Infringement notices

184 Infringement notices

Provisions subject to an infringement notice

(1) A provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act if:

(a) it is:

(i) a civil penalty provision; or

(ii) a provision contravention of which constitutes an offence of strict liability; and

(b) it is not a provision of Part 6 (other than Division 3 of that Part) or Part 7 or Division 4 of Part 8.

Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer

(2) For the purposes of Part 5 of the Regulatory Powers Act:

(a) the Reserve Bank is an infringement officer in relation to each civil penalty provision of Division 3 of Part 6 of this Act; and

(b) the ACCC is an infringement officer in relation to each other provision of this Act covered by subsection (1).

Relevant chief executive

(3) For the purposes of Part 5 of the Regulatory Powers Act, the relevant chief executive is:

(a) in relation to provisions mentioned in paragraph (2)(a)—the Reserve Bank; and

(b) in relation to provisions mentioned in paragraph (2)(b)—the ACCC.

Time limit for giving an infringement notice

(4) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given under that subsection within 2 years (not 12 months) of the alleged contravention of a provision mentioned in subsection (1) of this section.

Single infringement notice may deal with more than one contravention

(5) Despite subsection 103(3) of the Regulatory Powers Act, a single infringement notice may be given to a person in respect of:

(a) 2 or more alleged contraventions of a provision mentioned in subsection (1) of this section; or

(b) alleged contraventions of 2 or more provisions mentioned in subsection (1) of this section.

However, the notice must not require the person to pay more than one amount in respect of the same conduct.

Amount payable under an infringement notice

(6) Despite subsections 104(2) and (3) of the Regulatory Powers Act, the amount to be stated in an infringement notice given to a person for the purposes of paragraph 104(1)(f) of that Act in relation to a provision mentioned in subsection (1) of this section is the lesser of:

(a) the amount equal to:

(i) if the notice relates to only one alleged contravention of the provision by the person—one‑fifth of the maximum penalty that a court could impose on the person for that contravention; or