Foreign Acquisitions and Takeovers Act 1975

PART 5 - OFFENCES AND CIVIL PENALTIES  

Division 4 - Miscellaneous  

Subdivision AA - Application of the Regulatory Powers Act - Infringement notices  

SECTION 100   INFRINGEMENT NOTICES  

Provisions subject to an infringement notice

100(1)    

The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:

(a)    

the provisions of Division 3 (civil penalties);

(b)    subsection 115D(1) (vacancy fee liability - vacancy fee return);

(ba)    

subsection 115DA(1) (vacancy fee liability - false or misleading vacancy fee return);

(c)    subsection 115G(1) (vacancy fee liability - requirement to keep records);

(d)    

section 130ZV (civil penalty for failing to give notice to Registrar).

Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer

100(2)    

For the purposes of Part 5 of the Regulatory Powers Act:

(a)    a person appointed under subsection (3) is an infringement officer in relation to the provisions mentioned in subsection (1) (including section 130ZV ); and

(b)    a person appointed under subsection (3A) is an infringement officer in relation to section 130ZV .

100(3)    
The Secretary may, in writing, appoint a person who holds, or performs the duties of, an APS 6 position, or an equivalent or higher position, within the Department or the Australian Taxation Office.

100(3A)    

The Registrar may, in writing, appoint a person of a kind prescribed by the regulations.

Relevant chief executive

100(4)    

For the purposes of Part 5 of the Regulatory Powers Act:

(a)    each of the Secretary and the Commissioner of Taxation is the relevant chief executive in relation to the provisions mentioned in subsection (1) (other than section 130ZV ); and

(b)    each of the Secretary, the Commissioner of Taxation and the Registrar is the relevant chief executive in relation to section 130ZV .

100(4A)    

The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary ' s powers and functions under Part 5 of the Regulatory Powers Act as the relevant chief executive in relation to the provisions mentioned in subsection (1).

100(4B)    

The Commissioner of Taxation may, in writing, delegate to an SES employee, or acting SES employee, in the Australian Taxation Office the Commissioner ' s powers and functions under Part 5 of the Regulatory Powers Act as the relevant chief executive in relation to the provisions mentioned in subsection (1).

100(4BA)    

The Registrar may, in writing, delegate to:

(a)    any person to whom the Registrar may delegate any of the Registrar ' s other functions, as a kind of body or person mentioned in the definition of eligible Registrar appointee in section 4 , under a law of the Commonwealth; or

(b)    any person of a kind prescribed by the regulations;

the Registrar ' s powers and functions under Part 5 of the Regulatory Powers Act as the relevant chief executive in relation to the provisions mentioned in subsection (1).

100(4C)    

In exercising powers or performing functions delegated under subsection (4A), (4B) or (4BA), a delegate must comply with any directions of the delegator.

100(5)    

Subparagraphs 104(1)(e)(ii) and (iii), and subsections 104(2) and (3) of the Regulatory Powers Act do not apply in relation to an infringement notice given in relation to an alleged contravention of:

(a)    

for subparagraphs 104(1)(e)(ii) and (iii) of the Regulatory Powers Act - the following provisions of this Act:

(i) subsection 89(1) (contravening orders under Part 3);

(ii) subsections 91(1) and (2) (failing to give notice);

(iii) subsection 92(1) (taking action before end of period);

(iv) section 92A (taking action while prohibited by this Act);

(v) subsections 93(1) , (4) and (7) (contravening conditions);

(vi) section 94 (acquisition of interests in residential land);

(vii) section 95 (acquisition of interests in established dwellings);

(viii) section 96 (contravening conditions in relation to residential land);

(ix) section 98A (contravening directions and interim directions);

(x) section 98B (false or misleading information and documents);

(xi) sections 98C , 98D and 98E (failure to notify);

(xii) subsection 115DA(1) (vacancy fee liability - false or misleading vacancy fee return); and

(b)    

for subsection 104(2) or (3) of the Regulatory Powers Act - the provisions mentioned in paragraphs (1)(a), (b), (ba), (c) and (d) of this section.

100(6)    
The amount to be stated in an infringement notice for the purposes of paragraph 104(1)(f) of the Regulatory Powers Act for the alleged contravention of a civil penalty provision mentioned in subsection (1) of this section is:

(a)    for a tier 1 infringement notice (see subsection 101(1) ):

(i) given to an individual - 12 penalty units; and

(ii) given to a corporation - 60 penalty units; and

(b)    for a tier 2 infringement notice (see subsection 101(2) ):

(i) given to an individual - 60 penalty units; and

(ii) given to a corporation - 300 penalty units; and

(c)    

for a tier 3 infringement notice (see subsection 101(4) ):

(i) given to an individual - 300 penalty units; and

(ii) given to a corporation - 1,500 penalty units.

Extension to external Territories

100(7)    
Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.