Superannuation Industry (Supervision) Act 1993
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whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) the person is not liable to be prosecuted in a court in relation to the alleged contravention; and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(k) set out how the notice can be withdrawn; and
(l) state that if the notice is withdrawn: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.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.