45Matters to be included in an infringement notice

45 Matters to be included in an infringement notice

An infringement notice must: (a) be identified by a unique number; and (b) state the day on which it 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 an authorised officer for the purposes of issuing the infringement notice; and (e) give brief details of the alleged contravention, including: (i) the provision that was allegedly contravened; and (ii) the prescribed condition the person is alleged to have failed to comply with; and (iii) the maximum penalty that a court could impose if the provision were contravened; and (iv) 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whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in a court for the alleged contravention; and (i) state that payment of the amount is not an admission of guilt or liability; and (j) state that demerit points may be incurred if the amount is paid or the person is convicted or found guilty of the alleged contravention; and (k) state that the person may apply to the Secretary to have the period in which to pay the amount extended; and (l) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and (m) set out how the notice can be withdrawn; and (n) state that if the notice is withdrawn the person may be prosecuted in a court for the alleged contravention; and (o) state that the person may make written representations to the Secretary seeking the withdrawal of the notice.

Note: An amount payable under an infringement notice in relation to an alleged offence must not exceed one‑fifth of the maximum fine that a court could impose as a penalty for the offence: see subsection 72TP(4) of the Act.