188.8.131.52 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- an infringement notice is given to the person and later withdrawn.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