Bankruptcy Regulations 2021

PART 14 - OFFENCES UNDER THE ACT  

Division 2 - Infringement notices  

SECTION 91   MATTERS TO BE INCLUDED IN AN INFRINGEMENT NOTICE  

91(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 of the person who issued the notice and how that person may be contacted; and

(e)    give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:

(i) the provision that was allegedly contravened; and

(ii) the maximum penalty that a court could impose for each contravention, if the provision were contravened; and

(iii) the time (if known) and day of, and the place of, each alleged contravention; and

(f)    state the amount that is payable under the notice, as worked out in accordance with subsection 277B(2) of the Act and subsection (2) of this section; 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notice is given pays the amount within 20 business days after the day the notice is given, then (unless the notice is withdrawn) the person will not be liable to be prosecuted in a court for the alleged contravention; and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 Inspector-General 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 the person may 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(l)    set out how the notice can be withdrawn; and

(m)    state that if the notice is withdrawn, the person may be prosecuted in a court for the alleged contravention; and

(n)    state that the person may make written representations to the Inspector-General seeking the withdrawal of the notice.

91(2)    
If the notice relates to more than one alleged contravention of the provision by the person, the amount to be stated in the notice for the purposes of paragraph (1)(f) is the sum of the amount worked out in accordance with subsection 277B(2) of the Act for each alleged contravention.

Note:

Under section 90 , a single infringement notice may only deal with multiple contraventions if they are contraventions of a single provision continuing over a period.