Marine Safety Regulations 2023
84Prescribed period for providing an effective statement
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84 Prescribed period for providing an effective statement
For the purposes of section 178(1)(a) of the Act, the prescribed period is, in the case of an infringement notice served in respect of an owner onus offence—
(a) if the infringement notice was served on a person other than a child and the fine is an infringement fine within the meaning of the Fines Reform Act 2014 that may be registered under section 16 of that Act, the period beginning on (and including) the date of the notice and ending immediately before the infringement fine is registered under section 16 of that Act; or
(b) if the infringement notice for that offence was served on a child, the period beginning on (and including) the date of the notice and ending immediately before the infringement penalty in respect of that offence is registered under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005; or
(c) if paragraphs (a) and (b) do not apply, the period beginning on (and including) the date of the notice and ending immediately before the expiry of the period for bringing a proceeding in relation to the offence to which the infringement notice relates.
The period prescribed under this regulation for making a statement under Part 4.7 of the Act is the same period set out in section 22(2) of the Infringements Act 2006 for a person to apply to a relevant enforcement agency for internal review of a decision to serve an infringement notice under section 22(1) of the Infringements Act 2006.