188.8.131.52 Relationship between Infringement Notice & Civil Proceedings
Relationship between infringement notice & civil proceedings
The Regulatory Powers (Standard Provisions) Act 2014 section 108 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- an infringement notice is given to the person and later withdrawn.
The Regulatory Powers (Standard Provisions) Act Part 5 Division 2, 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 provision subject to an infringement notice.
Act reference: Regulatory Powers (Standard Provisions) Act 2014 section 108 Effect of this Part