Superannuation Industry (Supervision) Act 1993

PART 22 - INFRINGEMENT NOTICES  

Division 2 - Infringement notices  

SECTION 224A   MATTERS TO BE INCLUDED IN AN INFRINGEMENT NOTICE  

224A(1)  
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 infringement officer for the purposes of issuing the infringement notice; and


(e) give details of the alleged contravention, including:


(i) the provision that was allegedly contravened; and

(ii) the maximum penalty that a court could impose if the provision were contravened; 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whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn):


(i) if the provision is a civil penalty provision and does not also constitute an offence provision - proceedings seeking a civil penalty order will not be brought in relation to the alleged contravention; or

(ii) if the provision is a civil penalty provision that can also constitute an offence provision - proceedings seeking a civil penalty order will not be brought, and the person is not liable to be prosecuted in a court, in relation to the alleged contravention; or

(iii) if the provision is an offence provision - 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 the person may apply to the relevant chief executive 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 provision is a civil penalty provision and does not also constitute an offence provision - proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; or

(ii) if the provision is a civil penalty provision that can also constitute an offence provision - proceedings seeking a civil penalty order may be brought, and the person may be liable to be prosecuted in a court, in relation to the alleged contravention; or

(iii) if the provision is an offence provision - the person may be liable to be prosecuted in a court for 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 provision is a civil penalty provision and does not also constitute an offence provision - proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; or

(ii) if the provision is a civil penalty provision that can also constitute an offence provision - proceedings seeking a civil penalty order may be brought, and the person may be liable to be prosecuted in a court, in relation to the alleged contravention; or

(iii) if the provision is an offence provision - the person may be liable to be prosecuted in a court for the alleged contravention; and


(n) state that the person may make written representations to the relevant chief executive seeking the withdrawal of the notice; and


(o) include any other information prescribed by the regulations.

224A(2)  
For the purposes of paragraph (1)(f), the amount to be stated in the notice for the alleged contravention of the provision must be equal to:


(a) if the provision is an offence provision - one-fifth of the maximum penalty that a court could impose on the person for that contravention; and


(b) if the provision is a civil penalty provision - one-fortieth of the maximum penalty that a court could impose on the person for that contravention.


 

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