Commonwealth Numbered Acts

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TOBACCO PLAIN PACKAGING ACT 2011 (NO. 148, 2011) - SECT 101

Matters to be included in an infringement notice

                   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 gave the notice; and

                     (e)  give brief details of the alleged contravention, including:

                              (i)  the provision that was allegedly contravened; and

                             (ii)  the maximum penalty that a court could impose for the contravention; and

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

                      (f)  state that the following amount is payable under the notice:

                              (i)  if the person is a body corporate--60 penalty units;

                             (ii)  otherwise--12 penalty units; 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whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) neither criminal proceedings, nor proceedings for a civil penalty order, will be brought in relation to the alleged contravention; and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 Secretary 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, or proceedings for a civil penalty order may be brought in relation to the alleged contravention; and

                      (l)  set out how the notice can be withdrawn; and

                    (m)  state that if the notice is withdrawn:

                              (i)  any amount paid under the notice must be refunded; and

                             (ii)  the person may be prosecuted in a court for the alleged contravention, or proceedings for a civil penalty order may be brought in relation to the alleged contravention; and

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



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