Customs Act 1901

PART XIII - PENAL PROVISIONS  

Division 5 - Infringement notices  

SECTION 243X   INFRINGEMENT NOTICES - GENERAL  

243X(1)    

A regulation may make provision enabling a person who is alleged to have committed an offence of strict liability or of absolute liability against this Act to pay to the Commonwealth a penalty specified in a notice (an infringement notice ) as an alternative to prosecution.

243X(2)    

The penalty must not exceed either:

(a) one-quarter of the maximum fine that a court could impose on the person as a penalty for that offence; or

(b) subject to subsection (3), whichever of the following applies:

(i) 15 penalty units if the person is an individual;

(ii) 75 penalty units if the person is a body corporate.

Note:

Because of subsection 4B(3) of the Crimes Act 1914 , the maximum penalty that may be specified in accordance with paragraph (a) in an infringement notice given to a body corporate may be 5 times greater than the maximum penalty that may be specified in accordance with that paragraph in an infringement notice given to an individual.

243X(3)    
Paragraph (2)(b) does not apply if:

(a) the penalty for the offence may be determined wholly or partly by reference to:

(i) an amount of duty that may be, or would have been, payable; or

(ii) the value of particular goods; and

(b) it is possible to determine that amount or that value.