1CONSUMER AFFAIRS AND FAIR TRADING (INFRINGEMENT NOTICE OFFENCES) REGULATIONS 2012

NORTHERN TERRITORY OF AUSTRALIA CONSUMER AFFAIRS AND FAIR TRADING (INFRINGEMENT NOTICE OFFENCES) REGULATIONS 2012 As in force at 1 February 2023 Table of provisions 1 Citation ............................................................................................ 1 2 Definitions ........................................................................................ 1 3 Infringement notice offence and prescribed amount payable .......... 1 4 When infringement notice may be given .......................................... 1 5 Contents of infringement notice ....................................................... 2 6 Electronic payment and payment by cheque ................................... 3 7 Withdrawal of infringement notice.................................................... 3 8 Application of Regulations ............................................................... 3 9 Repeal ............................................................................................. 3 10 Transitional matter for Justice and Licensing Legislation Further Amendment Act 2022.......................................................... 4 Schedule Infringement notice offences and prescribed amounts ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

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As in force at 1 February 2023

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CONSUMER AFFAIRS AND FAIR TRADING (INFRINGEMENT NOTICE OFFENCES) REGULATIONS 2012 Regulations under the Consumer Affairs and Fair Trading Act 1990 1 Citation These Regulations may be cited as the Consumer Affairs and Fair Trading (Infringement Notice Offences) Regulations 2012. 2 Definitions In these Regulations: infringement notice means a notice given under regulation 4(1) or (2). infringement notice offence, see regulation 3(1). prescribed amount, see regulation 3(2). 3 Infringement notice offence and prescribed amount payable (1) An infringement notice offence is an offence against a provision specified in the Schedule. (2) The prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in the Schedule. 4 When infringement notice may be given (1) If the Commissioner believes on reasonable grounds that a person has committed an offence against a provision of the Act, other than Part 10 or 14 of the Act, that is specified in the Schedule, the Commissioner may give an infringement notice to the person. (2) If the Director believes on reasonable grounds that a person has committed an offence against a provision of Part 10 or 14 of the Act that is specified in the Schedule, the Director may give an infringement notice to the person.

Consumer Affairs and Fair Trading (Infringement Notice Offences) Regulations 2012 2 5 Contents of infringement notice (1) The infringement notice must specify the following: (a) the name and address of the person, if known; (b) the date the infringement notice is given to the person; (c) the date, time and place of the infringement notice offence; (d) a description of the offence; (e) the prescribed amount payable for the offence; (f) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to which the prescribed amount is payable. (2) The infringement notice must include a statement to the effect of the following: (a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given; (b) the person may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency; (c) if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001, including (but not limited to) action for the following: (i) suspending the person's licence to drive; (ii) seizing personal property of the person; (iii) deducting an amount from the person's wages or salary; (iv) registering a statutory charge on land owned by the person; (v) making a community work order for the person and imprisonment of the person if the person breaches the order. (3) Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b).