CUSTOMS REGULATIONS (REPEALED)

SCHEDULES

SCHEDULE 1ABA - INFRINGEMENT NOTICES  

Note:

See regulation 179ABA .

Part 2 - Infringement notices  

5   WHEN AN INFRINGEMENT NOTICE MAY BE GIVEN  

5(1)    
If an infringement officer has reasonable grounds to believe that a person has contravened a provision subject to an infringement notice under this Schedule, the infringement officer may give the person an infringement notice for the alleged contravention.

5(2)    
The infringement notice must be issued within the earlier of:


(a) 4 years after the day the contravention is alleged to have taken place; and


(b) 12 months after the day the alleged contravention is detected.

5(3)    
A single infringement notice must relate only to a single contravention of a single provision unless subclause (4) applies.

5(4)    
An infringement officer 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 1 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 .





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