CTHRepealedLegislation
Fisheries Management Regulations 1992
39Matters to be included in an infringement notice
Start here
Get a plain-English read of 39
Turn the raw legal text into a practical explanation grounded in Fisheries Management Regulations 1992.
#### 39 Matters to be included in an infringement notice
(1) An infringement notice must:
(a) be identified by a unique number; and
(b) state the day on which it is given; and
(c) state the name of the person to whom the notice is given; and
(d) state the name and contact details of the person who gave the notice, and that the person is an officer for the purposes of issuing the infringement notice; and
(e) give brief details of the alleged contravention, including:
(i) the provision that was allegedly contravened; and
(ii) the maximum penalty that a court could impose if the provision were contravened; and
(iii) the time (if known) and day of, and the place of, the alleged contravention; and
(f) state the amount that is payable under the notice; and
(g) give an explanation of how payment of the amount is to be made; and
(h) state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) the person will not be liable to be prosecuted in a court for the alleged contravention; and
(i) state that payment of the amount is not an admission of guilt or liability; and
(j) state that the person may apply to the CEO to have the period in which to pay the amount extended; and
(k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and
(l) set out how the notice can be withdrawn; and
(m) state that if the notice is withdrawn, the person may be prosecuted in a court for the alleged contravention; and
(n) state that the person may make written representations to the CEO seeking the withdrawal of the notice.
(2) The amount to be stated in the notice for the purposes of paragraph (1)(f) for the alleged contravention of the provision by the person must be the lesser of:
(a) one‑fifth of the maximum penalty that a court could impose on the person for that contravention; and
(b) 12 penalty units where the person is an individual, or 60 penalty units where the person is a body corporate.