Part 9Infringement notices

Part 9—Infringement notices 233—Meaning of infringement penalty provision For the purposes of this Law, an infringement penalty provision is— (a) a provision of this Law specified in an item in the Table at the foot of this section; or (b) a provision of this Law (other than an offence provision) or the national regulations that is prescribed by the national regulations to be an infringement penalty provision. Item Infringement penalty provision Infringement penalty Section 66(3) (Regulator may direct applicants to coordinate in applications) Section 66(4) (Regulator may direct applicants to coordinate in applications) Section 81(1) (Keeping and making available records for public inspection) Section 81(2) (Keeping and making available records for public inspection) 4A Section 96A(2) (Annual activity statement) Section 98(2) (Offences relating to registration) Section 98(3) (Offences relating to registration) Section 102 (Review of safety management system) Section 103 (Safety performance reports) Section 111(1) (Register of interface agreements) Section 111(2) (Register of interface agreements) Section 117(6) (Assessment of competence) Section 118(1) (Identification of rail safety workers) Section 118(2) (Identification of rail safety workers) $500 Section 120(2) (Power of Regulator to obtain information from rail transport operators) Section 120(3) (Power of Regulator to obtain information from rail transport operators) Section 131 (Disclosure of train safety recordings) Section 136(3) (Identity cards) Section 149(2) (Securing a site) Section 231(8) (Supervisory intervention order) Section 254 (Compliance with rail safety undertaking) 234—Power to serve notice (1) The Regulator may serve an infringement notice on a person that the Regulator has reason to believe has breached an infringement penalty provision. (2) The Regulator must, however, serve an infringement notice not later than 12 months after the date on which the Regulator forms a belief that there has been a breach of an infringement penalty provision. (3) An infringement notice may be served on an individual— (a) by delivering it personally to the individual; or (b) by sending it by post addressed to the individual to his or her usual or last known place of residence or business. (4) An infringement notice may be served on a person that is a body corporate— (a) by delivering it personally to the registered office or usual or last known place of business of the body corporate; or (b) by sending it by post addressed to the body corporate to its registered office or usual or last known place of business. 235—Form of notice An infringement notice must state— (a) the date of the notice; and (b) that the alleged breach is a breach of the infringement penalty provision; and (c) the nature, and a brief description, of the alleged breach; and (d) the date, time and place of the alleged breach; and (e) the infringement penalty for the alleged breach; and (f) the manner in which the infringement penalty may be paid; and (g) the time (being not less than 28 days after the date on which the notice is served) within which the infringement penalty must be paid; and (h) that, if the amount of the infringement penalty is paid before the end of the time specified in the notice, proceedings will not be instituted in respect of the alleged breach by the Regulator unless the notice is withdrawn before the end of that time in accordance with section 238; and (i) that the person is entitled to disregard the notice and defend any proceedings in respect of the infringement penalty provision; and (j) any other particulars prescribed by the national regulations. 236—Regulator cannot institute proceedings while infringement notice on foot On serving an infringement notice under this Part, the Regulator must not institute a proceeding in respect of the breach for which the infringement notice was served if— (a) the time for payment stated in the infringement notice has not expired; and (b) the infringement notice has not been withdrawn by the Regulator in accordance with section 238. 237—Late payment of penalty The Regulator may accept payment of the infringement penalty even after the expiration of the time for payment stated in the infringement notice if— (a) a proceeding has not been instituted in respect of the breach to which the infringement penalty relates; and (b) the infringement notice has not been withdrawn by the Regulator in accordance with section 238. 238—Withdrawal of notice (1) The Regulator may withdraw an infringement notice at any time before the end of the time for payment specified in the notice by serving a withdrawal notice on the person served with the infringement notice. (2) A withdrawal notice may be served on an individual— (a) by delivering it personally to the individual; or (b) by sending it by post addressed to the individual to his or her usual or last known place of residence or business. (3) A withdrawal notice may be served on a person that is a body corporate— (a) by delivering it personally to the registered office or usual or last known place of business of the body corporate; or (b) by sending it by post addressed to the body corporate to its registered office or usual or last known place of business. (4) An infringement notice may be withdrawn even if the infringement penalty has been paid. 239—Refund of infringement penalty If an infringement notice is withdrawn in accordance with section 238, the amount of any infringement penalty paid must be refunded by the Regulator. 240—Payment expiates breach of infringement penalty provision No proceedings may be taken by the Regulator against a person on whom an infringement notice was served in respect of an alleged breach of an infringement penalty provision if— (a) the infringement penalty is— (i) paid within the time for payment stated in the notice; and (ii) not withdrawn by the Regulator within the time for payment stated in the notice in accordance with section 238; or (b) the infringement penalty is accepted in accordance with section 237. 241—Payment not to have certain consequences The payment of an infringement penalty under this Part is not and must not be taken to be an admission of a breach of an infringement penalty provision or an admission of liability for the purpose of any proceeding instituted in respect of the breach. 242—Conduct in breach of more than 1 infringement penalty provision (1) If the conduct of a person constitutes a breach of 2 or more infringement penalty provisions, an infringement notice may be served on the person under this Part in relation to the breach of any 1 or more of those provisions. (2) However, the person is not liable to pay more than 1 infringement penalty in respect of the same conduct.