9Matters to be included in infringement notice

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to whom the notice is given pays the amount within 28 days after the day the notice is given, (unless the notice is withdrawn): (i) if the infringement notice relates to an offence provision that does not also constitute a civil penalty provision—the person will not be liable to be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.