QLDIn ForceAct
Fair Trading Act 1989
sec.35Effect of failure to comply with infringement notice
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### sec.35 Effect of failure to comply with infringement notice
This section applies if—
an infringement notice for an alleged contravention of an infringement notice provision is issued to a person; and
the person fails to pay the penalty stated in the infringement notice within the infringement notice compliance period and as required by the notice; and
the infringement notice is not withdrawn under section 37 .
The person is liable—
to be proceeded against under the Australian Consumer Law (Queensland), chapter 5 , part 5-2 in relation to the alleged contravention of the infringement notice provision; or
if the contravention also constitutes the commission of an offence provided for in the Australian Consumer Law (Queensland), chapter 4 —to be proceeded against for the commission of the offence; or
if the contravention also constitutes the commission of an offence against an FTA consumer offence provision—to be proceeded against for the commission of the offence.
s 35 prev s 35 om 2010 No. 54 s 17
pres s 35 ins 2010 No. 54 s 18
(sec.35-ssec.1) This section applies if— an infringement notice for an alleged contravention of an infringement notice provision is issued to a person; and the person fails to pay the penalty stated in the infringement notice within the infringement notice compliance period and as required by the notice; and the infringement notice is not withdrawn under section 37 .
(sec.35-ssec.2) The person is liable— to be proceeded against under the Australian Consumer Law (Queensland), chapter 5 , part 5-2 in relation to the alleged contravention of the infringement notice provision; or if the contravention also constitutes the commission of an offence provided for in the Australian Consumer Law (Queensland), chapter 4 —to be proceeded against for the commission of the offence; or if the contravention also constitutes the commission of an offence against an FTA consumer offence provision—to be proceeded against for the commission of the offence.
- (a) an infringement notice for an alleged contravention of an infringement notice provision is issued to a person; and
- (b) the person fails to pay the penalty stated in the infringement notice within the infringement notice compliance period and as required by the notice; and
- (c) the infringement notice is not withdrawn under section 37 .
- (a) to be proceeded against under the Australian Consumer Law (Queensland), chapter 5 , part 5-2 in relation to the alleged contravention of the infringement notice provision; or
- (b) if the contravention also constitutes the commission of an offence provided for in the Australian Consumer Law (Queensland), chapter 4 —to be proceeded against for the commission of the offence; or
- (c) if the contravention also constitutes the commission of an offence against an FTA consumer offence provision—to be proceeded against for the commission of the offence.