139Infringement notices

139 Infringement notices (1) The regulations may provide that a person may be served with an infringement notice as an alternative to a prosecution for an offence (other than an indictable offence) against this Act or the regulations that is prescribed by the regulations for the purposes of this section. S. 139(1A) inserted by No. 32/2006 s. 94(Sch. item 36(1)). (1A) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**. S. 139(1B) inserted by No. 36/2021 s. 19. (1B) For the purposes of subsection (1), an infringement notice for an offence referred to in subsection (1) may be served in a manner specified in section 115(1) or (1A). Section 12 of the **Infringements Act 2006** contains further provisions regarding service of infringement notices. S. 139(1C) inserted by No. 36/2021 s. 19. (1C) Section 8(1) and (2) of the **Electronic Transactions (Victoria) Act 2000** do not apply to service of an infringement notice by electronic communication in a manner specified in section 115(1) or (1A). (2) An infringement notice must specify a penalty for the alleged offence that does not exceed the lesser of— (a) 10 penalty units; or (b) one fifth of the maximum penalty that could be imposed by a court for the offence. S. 139(3) substituted by No. 32/2006 s. 94(Sch. item 36(2)). (3) The regulations must prescribe the person or class of persons who may issue infringement notices. S. 139(4) repealed by No. 32/2006 s. 94(Sch. item 36(3)), new s. 139(4) inserted by No. 10/2022 s. 53. (4) Despite anything to the contrary in the **Fines Reform Act 2014**, any amount recovered in relation to an offence referred to in subsection (1) must be paid into the WorkCover Authority Fund, unless regulations made under the **Workplace Injury Rehabilitation and Compensation Act 2013** expressly provide otherwise. Ss 140–142 repealed by No. 32/2006 s. 94(Sch. item 36(3)). Division 4—Offences by bodies corporate