National Consumer Credit Protection (Transitional and Consequential Provisions) Regulations 2010
17Purpose of Part 5
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17 Purpose of Part 5
(1) The purpose of this Part is to set out a scheme under item 43 of Schedule 2 to the Act under which:
(a) a person who is alleged to have committed an offence against the Act that is stated to be an offence of strict liability may pay a penalty to the Commonwealth as an alternative to prosecution; and
(b) a person who is alleged to have contravened a civil penalty provision may pay a penalty to the Commonwealth as an alternative to civil proceedings.
(2) This Part does not require an infringement notice to be given to a person for the alleged commission of an offence or contravention of a civil penalty provision.
(3) This Part does not affect the liability of a person to prosecution for the commission of an alleged offence or contravention of a civil penalty provision if an infringement notice is not given to the person.
(4) This Part does not affect the liability of a person to prosecution for the commission of an alleged offence or contravention of a civil penalty provision if:
(a) an infringement notice is given to the person; and
(b) the person does not pay the penalty stated in the notice in accordance with regulation 24.
(5) This Part does not limit or otherwise affect:
(a) the penalty that a court could impose on the person for the offence; or
(b) the penalty that a court could impose on the person for contravention of the civil penalty provision.