23Amount payable under penalty notice

#### 23 Amount payable under penalty notice 23 Amount payable under penalty notice > > (1) For the purposes of this Part, the amount payable under a penalty notice is the amount specified in the notice, as fixed by or in accordance with law. > > > (1A) A person may pay the amount by part payments. However, the full amount payable under a penalty notice is to be paid within the time required by the notice. > > > (2) (Repealed) > > > (3) The amount specified in a penalty notice cannot exceed the maximum amount of the penalty that could be imposed by a court for the offence to which the penalty notice relates. > > > (4) If the statutory provision providing for the issue of the penalty notice provides for a lesser amount, the amount specified in the penalty notice cannot exceed that lesser amount. > > > (5) An instrument under a statutory provision providing for the issue of a penalty notice that prescribes the amount payable under the notice for an alleged offence may— > > > > > (a) prescribe different amounts for different offences, and > > > > > (b) prescribe different amounts for the same kind of offence committed in specified circumstances. > > > (6) Despite any other provision of this Act or any other Act or law, the Commissioner may, on application by a person to whom a penalty notice is issued, reduce by 50% the amount required to be paid under the penalty notice if— > > > > > (a) at the time the person committed the offence specified in the penalty notice, the person was in receipt of a Government benefit, and > > > > > (b) the Commissioner thinks it is appropriate having regard to the relevant guidelines issued under section 120. > > > (7) In subsection (6), a person in receipt of a Government benefit includes the following— > > > > > (a) a holder of a Health Care Card, Ex-Carer Allowance (Child) Health Care Card or Commonwealth Seniors Health Card issued on behalf of the Commonwealth, > > > > > (b) a person in receipt of the Disability Support Pension or Newstart, ABSTUDY Living or Widow Allowance under a law of the Commonwealth. > > **s 23:** Am 2008 No 40, Sch 1 \[2\] \[3\]; 2016 No 39, Sch 1 \[9\] \[10\]; 2019 No 13, Sch 1\[16\].