7.2.3.40 Relationship between Infringement Notice & Civil Proceedings

Relationship between infringement notice & civil proceedings

Section 162 makes clear that an infringement notice is not required to be given in relation to an alleged civil penalty.

A person still remains liable to have proceedings brought by Centrelink or the FWO for a civil penalty order if:

  • the person does not comply with an infringement notice relating to the contravention, or
  • an infringement notice is not given to the person, or
  • an infringement notice is given to the person and later withdrawn.

PPLAct Part 4-2 Division 5, Infringement Notices, does not limit the Court's discretion to determine the amount of a pecuniary penalty that it could order a person to pay for a contravention of a civil penalty provision, in proceedings under PPLAct Part 4-2 Division 3, Civil Penalty Orders.

Act reference: PPLAct section 162 Effect of this Division on civil proceedings

Last reviewed: 20 September 2016