144Infringement notices

144  Infringement notices

Provisions subject to an infringement notice

 (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:

 (a) section 25 (notification of events relevant to fit and proper person test);

 (b) section 26 (notification of change in control);

 (c) subsection 103(1) (improper creation of REGO certificates);

 (d) subsection 125(5) (compliance audits);

 (e) subsection 127(5) (scheduled audits);

 (f) subsection 138(5) (Regulator may obtain information or documents);

 (g) subsection 150(2) (record keeping).

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, each inspector is an infringement officer in relation to the provisions mentioned in subsection (1).

Relevant chief executive

 (3) For the purposes of Part 5 of the Regulatory Powers Act, the Chair is the relevant chief executive in relation to the provisions mentioned in subsection (1).

Single infringement notice may deal with more than one contravention

 (4) 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.

Matters to be included in infringement notice

 (5) In addition to the matters included in subsection 104(1) of the Regulatory Powers Act, an infringement notice given in relation to an alleged contravention of a provision mentioned in subsection (1) of this section must also include the information prescribed by the rules.

 (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

 (7) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to a matter relating to the exercise of Australia’s sovereign rights in the exclusive economic zone or the continental shelf.

Division 5—Enforceable undertakings