National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-5B - INFRINGEMENT NOTICES  

Division 2 - Infringement notices  

SECTION 288M   PAYMENT PERIOD  

Usual payment period

288M(1)    
The payment period for an infringement notice begins on the day after the notice is given and, unless otherwise specified in this section, continues for 28 days.

Payment period extended under section 288N

288M(2)    
If, under section 288N , ASIC extends the payment period for the notice, the payment period is as extended.

288M(3)    

If ASIC refuses an application under subsection 288N(1) for an extension of the payment period for the notice, the payment period ends on the latest of the following days:

(a)    the last day of the period that, without the extension that has been refused, would be the payment period for the notice;

(b)    the day that is 7 days after the day the applicant was given notice of ASIC ' s decision not to extend;

(c)    the day that is 7 days after the day the application is taken to have been refused under subsection 288N(4) .

Instalments

288M(4)    
If, under section 288P , ASIC makes an arrangement for the amount payable under the notice to be paid by instalments, the payment period ends on the earlier of the following days:

(a)    the last day on which an instalment is to be paid under the arrangement;

(b)    if the person fails to pay an instalment in accordance with the arrangement, the last day on which the missed instalment was to be paid.

288M(5)    

If ASIC refuses an application made under subsection 288P(1) to make an arrangement for the amount payable under the notice to be paid by instalments, the payment period ends on the latest of the following days:

(a)    the last day of the period that, without the instalment arrangement, would be the payment period for the notice;

(b)    the day that is 7 days after the day the applicant was given notice of ASIC ' s decision not to make the arrangement;

(c)    the day that is 7 days after the day the application is taken to have been refused under subsection 288P(4) .

Payment period if ASIC refuses to withdraw infringement notice

288M(6)    

If ASIC refuses a representation made under subsection 288Q(1) for the notice to be withdrawn, the payment period ends on the latest of the following days:

(a)    the last day of the period that, without the withdrawal, would be the payment period for the notice;

(b)    the day that is 7 days after the day the person was given notice of ASIC ' s decision not to withdraw the notice;

(c)    the day that is 7 days after the day on which, under subsection 288Q(5) , ASIC is taken to have refused to withdraw the infringement notice.