Commonwealth legislation

Water Efficiency Labelling and Standards Regulations 2005

In ForceCTH

Jurisdiction

Commonwealth

Act Number

96 of 2005

Collection

legislative instrument

Plain English Summary

4/10 complexity

These Regulations set out the enforcement mechanics for the Water Efficiency Labelling and Standards scheme. They allow the Regulator to issue infringement notices for strict‑liability offences and civil penalty provisions, prescribe what must appear in a notice, time limits, payment and instalment arrangements, withdrawal and refund rules, evidentiary certificates, and the form of WELS inspector identity cards. This matters to businesses and individuals regulated under the Act because it specifies who pays, who decides, what defences or extensions exist, and the administrative path short of court.

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What it does

These Regulations establish the mechanics by which the Water Efficiency Labelling and Standards Act 2005 (the Act) is enforced through infringement notices and set out ancillary administrative requirements for WELS inspectors. The instrument is named the Water Efficiency Labelling and Standards Regulations 2005 (regulation 1). It does three core things, as set out in the text provided:

It defines the limited universe of the Regulations by tying the term Act to the Water Efficiency Labelling and Standards Act 2005 and by cross-referencing certain Act definitions (for example civil penalty order, civil penalty provision, Regulator) that sit in the Act (regulation 3).
It creates a federal infringement‑notice regime for selected contraventions arising under the Act and corresponding State‑Territory laws. The regime specifies what contraventions are enforceable by infringement notice (strict liability offence provisions and civil penalty provisions), who may issue notices, time limits for issue, the mandatory content of a notice, the maximum fixed‑penalty amount that can be set in a notice, and procedural protections such as the right to apply for more time or to pay by instalments (regulations 6, 7, 8, 9, 10, 11, 12, 13).
It prescribes the required form and content of identity cards issued to WELS inspectors and makes failure to return an identity card an offence (regulation 19, referencing Act s 46).

Mechanically, the Regulations authorise the Regulator to give an infringement notice where the Regulator has reasonable grounds to believe a person has contravened an enforceable provision (regulation 8(1)). Notices must be served within 12 months of the alleged contravention (regulation 8(2)). A notice must contain a unique identifying number, particulars of the alleged contravention and the issuer, the amount payable, payment instructions, and explicit statements about the legal consequences of paying or not paying (regulation 9(1)). The payable amount in a notice is constrained to the lesser of one‑tenth of the maximum court penalty or 6 penalty units for an individual or 30 penalty units for a corporation, unless another Act says otherwise (regulation 9(2)). The Regulations also set out procedural options: written applications for extension of the 28‑day payment period (regulation 10), applications to pay by instalments and the Regulator’s obligations when granting or refusing those applications (regulation 11), and a process for written representations and withdrawal of notices including refund obligations if the Commonwealth withdraws a notice after payment (regulation 12(5)). Payment discharges liability as specified (regulation 13), but there are specific exceptions where payment does not have that effect (regulation 13(2)). Evidence provisions allow certificates signed by the Regulator or a delegate to constitute evidence in proceedings (regulation 15).

Current sections

Direct links to the current provisions in Water Efficiency Labelling and Standards Regulations 2005.

Part 1

Preliminary

Part 1—Preliminary

Note: The numbers of the Parts in these Regulations correspond to those in the Act.

Name of Regulations

1 Name of Regulations

These Regulations are the Water Efficiency Labelling and Standards Regulations 2005.

Part 3

National WELS scheme

Part 3—National WELS scheme

Definition

3 Definition

In these Regulations:

Act means the Water Efficiency Labelling and Standards Act 2005.

Note: For the definitions of the following terms, see section 7 of the Act:

 civil penalty order
 civil penalty provision
 Regulator.

Decisions to be reviewable (Act s 17)

4 Decisions to be reviewable (Act s 17)

Any decision made by the Regulator in the performance of a function or the exercise of a power conferred by a corresponding State‑Territory law is a reviewable State‑Territory decision for the purposes of section 17 of the Act if the law under which the decision is made provides for review by the Administrative Review Tribunal.

Note: A decision by the Regulator, to be a reviewable State‑Territory decision, must be made under a law which provides for review by the Administrative Review Tribunal: see subsection 17(2) of the Act.

Part 8

Infringement notices

Part 1—Preliminary

Note: The numbers of the Parts in these Regulations correspond to those in the Act.

1 Name of Regulations

These Regulations are the Water Efficiency Labelling and Standards Regulations 2005.

Part 3—National WELS scheme

3 Definition

In these Regulations:

Act means the Water Efficiency Labelling and Standards Act 2005.

Note: For the definitions of the following terms, see section 7 of the Act:

 civil penalty order
 civil penalty provision
 Regulator.

4 Decisions to be reviewable (Act s 17)

Note: A decision by the Regulator, to be a reviewable State‑Territory decision, must be made under a law which provides for review by the Administrative Review Tribunal: see subsection 17(2) of the Act.

Part 8—Infringement notices

Division 1—Overview

6 Simplified outline of this Part

The following is a simplified outline of this Part:

This Part deals with the use of infringement notices in the enforcement of provisions.

A person can be given an infringement notice in relation to a contravention of a provision that is enforceable under this Part.

A person who is given an infringement notice can choose to pay an amount as an alternative to having court proceedings brought against the person for a contravention of a provision enforceable under this Part. If the person does not choose to pay the amount, proceedings can be brought against the person in relation to the contravention.

7 Enforceable provisions

The following provisions are enforceable under this Part: (a) an offence against the Act that is an offence of strict liability; (b) a civil penalty provision.

Division 2—Infringement notices

8 When infringement notice may be given

(1) If the Regulator has reasonable grounds to believe that a person has contravened a provision enforceable under this Part, the Regulator may give the person an infringement notice for the alleged contravention.

Note: For how a document is served on a person, see section 28A of the Acts Interpretation Act 1901.

(2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place. (3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies. (4) The Regulator may give a person a single infringement notice relating to multiple contraventions of a single provision if: (a) the provision requires the person to do a thing within a particular period or before a particular time; and (b) the person fails or refuses to do that thing within that period or before that time; and (c) the failure or refusal occurs on more than one day; and (d) each contravention is constituted by the failure or refusal on one of those days.

Note: For continuing offences, see subsection 4K(2) of the Crimes Act 1914.

9 Matters to be included in infringement notice

(1) An infringement notice must: (a) be identified by a unique number; and (b) state the day on which the notice is given; and (c) state the name of the person to whom the notice is given; and (d) state the name and contact details of the person who gave the notice, and that the person is the Regulator for the purposes of issuing the notice; and (e) give brief details of the alleged contravention, including: (i) the provision that was allegedly contravened; and (ii) the maximum penalty that a court could impose for the contravention; and (iii) the time (if known) and day of, and the place of, the alleged contravention; and (f) state the amount that is payable under the notice; and (g) give an explanation of how payment of the amount is to be made; and (h) state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, (unless the notice is withdrawn): (i) if the infringement notice relates to an offence provision that does not also constitute a civil penalty provision—the person will not be liable to be prosecuted in a court for the alleged contravention; or (ii) if the infringement notice relates to an offence provision that can also constitute a civil penalty provision—the person is not liable to be prosecuted in a court, and proceedings seeking a civil penalty order will not be brought, in relation to the alleged contravention; or (iii) if the infringement notice relates to a civil penalty provision that does not also constitute an offence provision—proceedings seeking a civil penalty order will not be brought in relation to the alleged contravention; and (iv) if the infringement notice relates to a civil penalty provision that can also constitute an offence provision—proceedings seeking a civil penalty order will not be brought in relation to the alleged contravention; and (i) state that payment of the amount is not an admission of guilt or liability; and (j) state that the person may apply, in writing, to the Regulator to have the period in which to pay the amount extended; and (k) state that the person may choose not to pay the amount and, if the person does so: (i) if the infringement notice relates to an offence provision that does not also constitute a civil penalty provision—the person may be prosecuted in a court for the alleged contravention; or (ii) if the infringement notice relates to an offence provision that can also constitute a civil penalty provision—the person may be prosecuted in a court, or proceedings seeking a civil penalty order may be brought, in relation to the alleged contravention; or (iii) if the infringement notice relates to a civil penalty provision that does not also constitute an offence provision—proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and (iv) if the infringement notice relates to a civil penalty provision that can also constitute an offence provision—the person may be prosecuted in a court, or proceedings seeking a civil penalty order may be brought, in relation to the alleged contravention; and (l) set out how the notice can be withdrawn; and (m) state that if the notice is withdrawn: (i) if the infringement notice relates to an offence provision that does not also constitute a civil penalty provision—the person may be prosecuted in a court for the alleged contravention; or (ii) if the infringement notice relates to an offence provision that can also constitute a civil penalty provision—the person may be prosecuted in a court, or proceedings seeking a civil penalty order may be brought, in relation to the alleged contravention; or (iii) if the infringement notice relates to a civil penalty provision that does not also constitute an offence provision—proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and (iv) if the infringement notice relates to a civil penalty provision that can also constitute an offence provision—the person may be prosecuted in a court, or proceedings seeking a civil penalty order may be brought, in relation to the alleged contravention; and (n) state that the person may make written representations to the Regulator seeking the withdrawal of the notice; and (o) state any other information that the Regulator considers necessary. (2) Unless another Act expressly provides otherwise, the amount to be stated in the notice for the purposes of paragraph (1)(f) for the alleged contravention of the provision by the person must be the lesser of: (a) one‑tenth of the maximum penalty that a court could impose on the person for that contravention; or (b) 6 penalty units where the person is an individual, or 30 penalty units where the person is a body corporate.

10 Extension of time to pay

(1) A person to whom an infringement notice has been given may apply, in writing, to the Regulator for an extension of the period referred to in paragraph 9(1)(h). (2) If the application is made before the end of that period, the Regulator may, in writing, extend that period. The Regulator may do so before or after the end of that period. (3) If the Regulator extends that period, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 9(1)(h) is taken to be a reference to that period so extended. (4) If the Regulator does not extend that period, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 9(1)(h) is taken to be a reference to the period that ends on the later of the following days: (a) the day that is the last day of the period referred to in paragraph 9(1)(h); (b) the day that is 7 days after the day the person was given notice of the Regulator’s decision not to extend the period. (5) The Regulator may extend the period more than once under subregulation (2).

11 Payment by instalments

(1) A person to whom an infringement notice has been given may apply, in writing, to the Regulator to make an arrangement for the infringement notice penalty to be paid by instalments. (2) The Regulator, if satisfied that in the circumstances it is proper to do so, may make the arrangement with the person (whether or not the period of 28 days after the date of service of the notice has ended). (3) The Regulator must: (a) make or refuse to make an arrangement; and (b) give the applicant written notice of the decision; and (c) if the decision is a refusal—mention in the notice the reasons for refusal. (4) The person must pay the penalty: (a) if an arrangement is made—in accordance with the arrangement; or (b) if the decision is a refusal—before the end of the later of the following: (i) 7 days after receiving notice of the refusal; (ii) the 28 day period.

12 Withdrawal of infringement notice

Representations seeking withdrawal of notice (1) A person to whom an infringement notice has been given may make written representations to the Regulator seeking the withdrawal of the notice. Withdrawal of notice (2) The Regulator may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal). (3) When deciding whether or not to withdraw an infringement notice (the relevant infringement notice), the Regulator: (a) must take into account any written representations seeking the withdrawal that were given by the person to the Regulator; and (b) may take into account the following: (i) whether a court has previously imposed a penalty on the person for a contravention of a provision enforceable under this Part that is included in the same Act or a legislative instrument as the provision in relation to which the infringement notice is given; (ii) the circumstances of the alleged contravention; (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision enforceable under this Part if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice; (iv) any other matter the Regulator considers relevant. Notice of withdrawal (4) Notice of the withdrawal of the infringement notice must be given to the person. The withdrawal notice must state: (a) the person’s name and address; and (b) the day the infringement notice was given; and (c) the identifying number of the infringement notice; and (d) that the infringement notice is withdrawn; and (e) that: (i) if the provision is an offence provision and does not also constitute a civil penalty provision—the person may be prosecuted in a court for the alleged contravention; or (ii) if the provision is an offence provision and can also constitute a civil penalty provision—the person may be prosecuted in a court, or proceedings seeking a civil penalty order may be brought, in relation to the alleged contravention; or (iii) if the provision is a civil penalty provision—proceedings seeking a civil penalty order may be brought in relation to the alleged contravention. Refund of amount if infringement notice withdrawn (5) If: (a) the Regulator withdraws the infringement notice; and (b) the person has already paid the amount stated in the notice; the Commonwealth must refund to the person an amount equal to the amount paid. Representations not admissible in evidence (6) Information that the person gives to the Regulator in the course of making representations under this regulation is not admissible in evidence against the person in any proceedings (other than proceedings for an offence based on the evidence or information given being false or misleading).

13 Effect of payment of amount

(1) If a person to whom an infringement notice is given pays the amount stated in the notice before the end of the period referred to in paragraph 9(1)(h), the person’s liability in relation to the alleged contravention is discharged as follows: (a) if the infringement notice related to an offence provision that does not also constitute a civil penalty provision—the person may not be prosecuted in a court for the alleged contravention; and (b) if the infringement notice related to an offence provision that can also constitute a civil penalty provision—the person may not be prosecuted in a court, and proceedings seeking a civil penalty order may not be brought, in relation to the alleged contravention; and (c) if the infringement notice related to a civil penalty provision that does not also constitute an offence provision—proceedings seeking a civil penalty order may not be brought in relation to the alleged contravention; and (d) if the infringement notice related to a civil penalty provision that can also constitute an offence provision—proceedings seeking a civil penalty order may not be brought in relation to the alleged contravention; and (e) the person is not regarded as having admitted guilt or liability for the alleged contravention; and (f) if the provision is an offence provision—the person is not regarded as having been convicted of the alleged offence. (2) Subregulation (1) does not apply: (a) if the notice has been withdrawn; or (b) to a person who makes an arrangement to pay the infringement notice penalty by instalments, if the person does not make payments in accordance with the arrangement.

14 Effect of this Division

This Division does not: (a) require an infringement notice to be given to a person for an alleged contravention of a provision enforceable under this Part; or (b) affect the liability of a person for an alleged contravention of a provision enforceable under this Part if: (i) the person does not comply with an infringement notice given to the person for the contravention; or (ii) an infringement notice is not given to the person for the contravention; or (iii) an infringement notice is given to the person for the contravention and is subsequently withdrawn; or (c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of a provision enforceable under this Part; or (d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened a provision enforceable under this Part.

15 Evidence for hearing

(1) At a proceeding for a contravention of a provision mentioned in an infringement notice, any of the following certificates, if signed by the Regulator or a delegate, is evidence of the facts stated in the certificate: (a) a certificate stating that the notice was served on a person; (b) a certificate stating that the infringement notice penalty has not been paid in accordance with this Part; (c) a certificate stating that the notice was withdrawn on a day specified in the certificate; (d) a certificate stating that: (i) under regulation 10, a further period for payment of the infringement notice penalty was refused; and (ii) the infringement notice penalty has not been paid in accordance with this Part; (e) a certificate stating that: (i) for regulation 11, the further time mentioned in the certificate for payment of the infringement notice penalty was granted; and (ii) the infringement notice penalty was not paid in accordance with the notice or within the further time. (2) A certificate that purports to have been signed by the Regulator or a delegate is taken to have been signed by that person unless the contrary is proved.

Part 9—WELS inspectors

19 Identity card (Act s 46)

(1) For paragraph 46(2)(a) of the Act, an identity card issued to a WELS inspector must include, on the side that bears the inspector’s photograph: (a) the name of the Act; and (b) the inspector’s name; and (c) the dates of issue and expiry of the card; and (d) a statement that the person is a WELS inspector; and (e) the name, position and signature of the person who issued the card.

Note: An identity card for a WELS inspector must contain a recent photograph of the inspector: see paragraph 46(2)(b) of the Act.

(2) The reverse side of the card must include a statement to the effect that it is an offence for a person who ceases to be an inspector to fail to return the card to the Regulator.

Division 1

Overview

Part 1—Preliminary

Note: The numbers of the Parts in these Regulations correspond to those in the Act.

1 Name of Regulations

These Regulations are the Water Efficiency Labelling and Standards Regulations 2005.

Part 3—National WELS scheme

3 Definition

In these Regulations:

Act means the Water Efficiency Labelling and Standards Act 2005.

Note: For the definitions of the following terms, see section 7 of the Act:

 civil penalty order
 civil penalty provision
 Regulator.

4 Decisions to be reviewable (Act s 17)

Note: A decision by the Regulator, to be a reviewable State‑Territory decision, must be made under a law which provides for review by the Administrative Review Tribunal: see subsection 17(2) of the Act.

Part 8—Infringement notices

Division 1—Overview

6 Simplified outline of this Part

The following is a simplified outline of this Part:

This Part deals with the use of infringement notices in the enforcement of provisions.

A person can be given an infringement notice in relation to a contravention of a provision that is enforceable under this Part.

7 Enforceable provisions

The following provisions are enforceable under this Part: (a) an offence against the Act that is an offence of strict liability; (b) a civil penalty provision.

Division 2—Infringement notices

8 When infringement notice may be given

Note: For how a document is served on a person, see section 28A of the Acts Interpretation Act 1901.

Note: For continuing offences, see subsection 4K(2) of the Crimes Act 1914.

9 Matters to be included in infringement notice

10 Extension of time to pay

11 Payment by instalments

12 Withdrawal of infringement notice

13 Effect of payment of amount

14 Effect of this Division

15 Evidence for hearing

Part 9—WELS inspectors

19 Identity card (Act s 46)

Note: An identity card for a WELS inspector must contain a recent photograph of the inspector: see paragraph 46(2)(b) of the Act.

(2) The reverse side of the card must include a statement to the effect that it is an offence for a person who ceases to be an inspector to fail to return the card to the Regulator.

Simplified outline of this Part

6 Simplified outline of this Part

The following is a simplified outline of this Part:

This Part deals with the use of infringement notices in the enforcement of provisions.

A person can be given an infringement notice in relation to a contravention of a provision that is enforceable under this Part.

Enforceable provisions

7 Enforceable provisions

The following provisions are enforceable under this Part: (a) an offence against the Act that is an offence of strict liability; (b) a civil penalty provision.

Division 2

Infringement notices

Part 1—Preliminary

Note: The numbers of the Parts in these Regulations correspond to those in the Act.

1 Name of Regulations

These Regulations are the Water Efficiency Labelling and Standards Regulations 2005.

Part 3—National WELS scheme

3 Definition

In these Regulations:

Act means the Water Efficiency Labelling and Standards Act 2005.

Note: For the definitions of the following terms, see section 7 of the Act:

 civil penalty order
 civil penalty provision
 Regulator.

4 Decisions to be reviewable (Act s 17)

Note: A decision by the Regulator, to be a reviewable State‑Territory decision, must be made under a law which provides for review by the Administrative Review Tribunal: see subsection 17(2) of the Act.

Part 8—Infringement notices

Division 1—Overview

6 Simplified outline of this Part

The following is a simplified outline of this Part:

This Part deals with the use of infringement notices in the enforcement of provisions.

A person can be given an infringement notice in relation to a contravention of a provision that is enforceable under this Part.

7 Enforceable provisions

The following provisions are enforceable under this Part: (a) an offence against the Act that is an offence of strict liability; (b) a civil penalty provision.

Division 2—Infringement notices

8 When infringement notice may be given

Note: For how a document is served on a person, see section 28A of the Acts Interpretation Act 1901.

Note: For continuing offences, see subsection 4K(2) of the Crimes Act 1914.

9 Matters to be included in infringement notice

10 Extension of time to pay

11 Payment by instalments

12 Withdrawal of infringement notice

13 Effect of payment of amount

14 Effect of this Division

15 Evidence for hearing

Part 9—WELS inspectors

19 Identity card (Act s 46)

Note: An identity card for a WELS inspector must contain a recent photograph of the inspector: see paragraph 46(2)(b) of the Act.

(2) The reverse side of the card must include a statement to the effect that it is an offence for a person who ceases to be an inspector to fail to return the card to the Regulator.

When infringement notice may be given

8 When infringement notice may be given

Note: For how a document is served on a person, see section 28A of the Acts Interpretation Act 1901.

Note: For continuing offences, see subsection 4K(2) of the Crimes Act 1914.

Matters to be included in infringement notice

9 Matters to be included in infringement notice

Extension of time to pay

10 Extension of time to pay

Payment by instalments

11 Payment by instalments

Withdrawal of infringement notice

12 Withdrawal of infringement notice

Effect of payment of amount

13 Effect of payment of amount

Effect of this Division

14 Effect of this Division

Evidence for hearing

15 Evidence for hearing

Part 9

WELS inspectors

Part 9—WELS inspectors

Identity card (Act s 46)

19 Identity card (Act s 46)

Note: An identity card for a WELS inspector must contain a recent photograph of the inspector: see paragraph 46(2)(b) of the Act.

(2) The reverse side of the card must include a statement to the effect that it is an offence for a person who ceases to be an inspector to fail to return the card to the Regulator.

Source text: opening excerpt

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Part 1 Preliminary

Part 1—Preliminary

Note: The numbers of the Parts in these Regulations correspond to those in the Act.

1 Name of Regulations

These Regulations are the Water Efficiency Labelling and Standards Regulations 2005.

Part 3 National WELS scheme

Part 3—National WELS scheme

3 Definition

In these Regulations:

Act means the Water Efficiency Labelling and Standards Act 2005.

Note: For the definitions of the following terms, see section 7 of the Act:

 civil penalty order
 civil penalty provision
 Regulator.

4 Decisions to be reviewable (Act s 17)

Note: A decision by the Regulator, to be a reviewable State‑Territory decision, must be made under a law which provides for review by the Administrative Review Tribunal: see subsection 17(2) of the Act.

Part 8 Infringement notices

Part 1—Preliminary

Note: The numbers of the Parts in these Regulations correspond to those in the Act.

1 Name of Regulations

These Regulations are the Water Efficiency Labelling and Standards Regulations 2005.

Part 3—National WELS scheme

3 Definition

In these Regulations:

Act means the Water Efficiency Labelling and Standards Act 2005.

Note: For the definitions of the following terms, see section 7 of the Act:

 civil penalty order
 civil penalty provision
 Regulator.

4 Decisions to be reviewable (Act s 17)

To comply with this regulatory regime, regulated entities, in‑house counsel and advisers should implement a set of both preventive and reactive measures that map the obligations and rights set out in the Regulations.

Preventive compliance (avoid being issued a notice)

Identify enforceable provisions: Map which Act provisions applicable to your operations are strict liability offences or civil penalty provisions. Regulation 7 limits the infringement‑notice mechanism to these categories; if conduct falls outside them, different exposure rules may apply.
Maintain records that track time and performance: Because an infringement notice must be given within 12 months of the alleged contravention (regulation 8(2)), maintain date‑stamped records of compliance checks, audits, and corrective actions to rebut any Regulator claim about timing or substance.
Monitor obligations that require repeated action: For obligations that must be performed periodically, ensure daily or periodic logs show compliance, given regulation 8(4) allows aggregation of repeated failures into a single notice only under narrow criteria.
Train staff on inspector interactions and identity cards: WELS inspectors must be issued with identity cards meeting the specification in regulation 19(1). Ensure that when inspectors visit, their cards correspond to the prescribed content and that staff are aware that an inspector who ceases to be an inspector must return the card, as failure to do so is an offence noted on the reverse of the card (regulation 19(2)).

Reactive compliance (responding to an infringement notice)

Immediately check notice content against regulation 9: An infringement notice must contain specified items including the unique number, the day given, the name of the person and the issuer, particulars of the alleged contravention, the maximum court penalty, amount payable, payment instructions, and statements about the consequences of payment and non‑payment (regulation 9(1)). If any mandatory element is missing, consider whether that defect renders the notice invalid or vulnerable to challenge.
Time your response to the 28‑day window and extension rights: The standard payment period is 28 days after service (regulation 9(1)(h)). If you need more time, apply in writing for an extension under regulation 10(1) as early as possible. The Regulator may extend the period before or after it ends (regulation 10(2)), but if refused, the operative period is the later of the 28 days or seven days after notice of refusal (regulation 10(4)).
Consider an instalment arrangement where appropriate: Apply in writing for a payment‑by‑instalments arrangement under regulation 11(1) if paying the full amount up front is not possible. The Regulator must make or refuse to make an arrangement and provide written notice of the decision; reasons for refusal must be given if the application is refused (regulation 11(3)). If an instalment arrangement is entered, strictly comply with its terms because failure to do so can negate the discharge effect of payment (regulation 13(2)(b)).
Decide whether to pay or contest: Payment within the applicable period discharges liability in the ways set out in regulation 13(1). If you wish to contest the allegation, do not pay; choosing not to pay preserves the right to defend in court, but also exposes the recipient to prosecution or civil penalty proceedings (regulation 9(1)(k)).
Make written representations for withdrawal where appropriate: Regulation 12 allows written representations seeking withdrawal. The Regulator must take such representations into account when deciding whether to withdraw (regulation 12(3)(a)). Any information provided in representations will not be admissible in other proceedings except where it is false or misleading (regulation 12(6)), so candid but accurate representations are protected to an extent.
Prepare to rebut Regulator certificates: Regulation 15 allows the Regulator to produce certificates as evidence of service, non‑payment, withdrawal, and decisions on extensions and instalments, and to treat purported signatures as genuine unless the contrary is proved (regulation 15(2)). Keep documentary records and any independent proof of service or payment to rebut certificates if necessary.
If a notice is withdrawn after payment, claim a refund: If the Regulator withdraws the notice after the amount has been paid, the Commonwealth must refund the amount; lodge the refund claim and keep proof of payment in order to expedite the refund claim process (regulation 12(5)).

Administrative and record‑keeping recommendations

Maintain a notice register: Track any infringement notices received or issued, their unique numbers, dates of service, amounts, payment dates, extension or instalment applications and decisions, representations made and outcomes, and any withdrawal notices and refund actions. This log feeds both compliance and any later litigation needs.
Obtain legal advice early: Where the Regulator issues a notice for conduct of uncertain legal character or where potential penalties on conviction substantially exceed the infringement amount, obtain legal advice promptly to evaluate whether to pay, to apply for an extension or instalment, or to contest.
Manage delegation and authorisations: Because certificates and several decisions may be signed by delegates and are presumptively authentic (regulation 15(2)), have a clear governance framework for who is authorised to represent the entity in written representations and who is authorised to approve payments and instalment offers in the organisation.
Keep documentary proof of compliance: For periodic obligations or single‑act requirements, maintain dated, signed documentary evidence of compliance (for example invoices, test certificates, manufacturing records, shipping documents) to rebut allegations and to show the Regulator that a contravention did not occur if challenged.
Ensure personnel return inspector identity cards on cessation: If staff are appointed as inspectors or otherwise receive identity cards, set up an exit procedure to ensure the card is returned when the person ceases the role, because failing to return the card is explicitly flagged as an offence on the reverse of the card (regulation 19(2)).

Operational checklist on receipt of a notice

Verify the service date and whether the notice was served within 12 months of the alleged contravention (regulation 8(2)).
Check that the notice contains all mandatory items under regulation 9(1).
Calculate the lawful maximum infringement amount by reference to one‑tenth of the maximum court penalty and the penalty‑unit caps in regulation 9(2).
Decide whether to pay within 28 days, apply for extension, seek an instalment arrangement, or contest.
If applying for extension or instalments, do so in writing and retain proof of the application.
If making written representations for withdrawal, prepare a factual and legal submission, bearing in mind the limited admissibility of such representations in later proceedings (regulation 12(6)).
Preserve evidence that might rebut any Regulator certificate.

These steps will operationalise the duties and rights embedded in the Regulations and put entities in a position to make an informed, documentable choice about whether to accept the administrative penalty or to litigate.