Superannuation Industry (Supervision) Act 1993

PART 3B - SUPERANNUATION DATA AND PAYMENT REGULATIONS AND STANDARDS  

Division 3 - Infringement notices  

SECTION 34S   MATTERS TO BE INCLUDED IN NOTICE  

34S(1)  
An infringement notice must:


(a) state the day on which it is given; and


(b) state the name of the person to whom it is given; and


(c) state the name of the person who gave the notice; and


(d) 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


(e) state the amount that is payable under the notice; and


(f) give an explanation of how payment of the amount is to be made; and


(g) 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whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) the person is not liable to be prosecuted in a court in relation to the alleged contravention; and


(h) state that payment of the amount is not an admission of guilt or liability; and


(i) state that the person may apply to the Regulator to have the period in which to pay the amount extended; and


(j) 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 in relation to the alleged contravention; and


(k) set out how the notice can be withdrawn; and


(l) state that if the notice is withdrawn:


(i) any amount paid under the notice must be refunded; and

(ii) the person may be prosecuted in a court for the alleged contravention; and


(m) state that the person may make written representations to the Regulator seeking the withdrawal of the notice.

34S(2)  
For the purposes of paragraph (1)(e), the amount to be stated in the notice for the alleged contravention of the provision must be equal to one-fifth of the maximum penalty that a court could impose on the person for that contravention.


 

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