Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 13 - OFFENCES  

PART 13-2 - GENERAL MATTERS RELATING TO OFFENCES  

Division 566 - General matters relating to offences  

SECTION 566-5   PENALTY NOTICES  

566-5(1)    
If the Registrar has reason to believe that a person has committed a prescribed offence, the Registrar may, subject to subsection (3) , give the person a written notice:

(a)    alleging that the person has committed the prescribed offence and giving the prescribed particulars in relation to the prescribed offence; and

(b)    setting out the prescribed penalty in respect of the prescribed offence; and

(c)    in the case of a prescribed offence constituted by a failure to do a particular act or thing - stating:

(i) that the obligation to do the act or thing continues despite the service of the notice or the payment of the prescribed penalty; and

(ii) that if, within the period specified in the notice (being a period of at least 21 days), the person pays the prescribed penalty to the Registrar and does the act or thing, no further action will be taken against the person in relation to the prescribed offence; and

(iii) that if, at the end of the period specified in the notice, the person has not paid the prescribed penalty to the Registrar or has not done the act or thing, proceedings may be instituted against the person; and

(d)    in the case of a prescribed offence that is not constituted by a failure to do a particular act or thing - stating:

(i) that if, within the period specified in the notice (being a period of at least 21 days), the person pays the prescribed penalty to the Registrar, no further action will be taken against the person in relation to the prescribed offence; and

(ii) that if, at the end of the period specified in the notice, the person has not paid the prescribed penalty to the Registrar, proceedings may be instituted against the person.

566-5(2)    
A notice under subsection (1) is not a legislative instrument.

566-5(3)    
Subsection (1) does not empower the Registrar:

(a)    to give a person more than one notice under that subsection in relation to an alleged commission by that person of a particular prescribed offence; or

(b)    to give a person a notice under that subsection in relation to a prescribed offence unless proceedings could be instituted against that person for that offence in accordance with section 566-15 .

566-5(4)    
A notice under subsection (1) may be given to a natural person either personally or by post.

566-5(5)    
If a notice under subsection (1) is given to a person in relation to a prescribed offence constituted by a failure to do a particular act or thing:

(a)    if, within the period specified in the notice, the person pays the prescribed penalty to the Registrar, and does the act or thing - no proceedings may be instituted against the person in respect of the prescribed offence; or

(b)    if, at the end of the period specified in the notice, the person has paid the prescribed penalty to the Registrar but has not done the act or thing - no proceedings may be instituted against the person in respect of the prescribed offence, but the obligation to do that act or thing continues, and section 566-10 applies in relation to the continued failure to do that act or thing as if, on the day on which the person so paid the prescribed penalty, the person had been convicted of an offence constituted by a failure to do that act or thing; or

(c)    if, at the end of the period specified in the notice, the person has not paid the prescribed penalty to the Registrar but had done the act or thing - proceedings may be instituted against the person in respect of the prescribed offence; or

(d)    if, at the end of the period specified in the notice, the person has not paid the prescribed penalty to the Registrar and has not done the act or thing - the obligation to do that act or thing continues, and proceedings may be instituted against the person in respect of the prescribed offence.

566-5(6)    
If a notice under subsection (1) is given to a person in relation to a prescribed offence, not being an offence constituted by a failure to do a particular act or thing:

(a)    if, within the period specified in the notice, the person pays the prescribed penalty to the Registrar - no proceedings may be instituted against the person in respect of the prescribed offence; or

(b)    if, at the end of the period specified in the notice, the person has not paid the prescribed penalty to the Registrar - proceedings may be instituted against the person in respect of the prescribed offence.

566-5(7)    
The payment of an amount by a person pursuant to a notice served on the person under this section in relation to a prescribed offence is not taken for any purpose to be an admission by that person of any liability in connection with the alleged commission of the prescribed offence.

566-5(8)    
Except as provided by paragraphs (5)(a) and (b) and (6)(a) , this section does not affect the operation of any provision of this Act , of the regulations, of the rules or of any other Act in relation to the institution of proceedings in respect of offences that are prescribed offences for the purposes of this section.

566-5(9)    
In this section:

prescribed offence
means an offence against this Act that the regulations prescribe for the purposes of this section.

prescribed penalty
, in relation to a prescribed offence in relation to which the Registrar may give, or has given, to a person a notice under subsection (1) , means a penalty of the amount that the regulations prescribe in relation to the offence.