The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

6.2.3.40 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  • an infringement notice is given to the person and later withdrawn.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

Last reviewed: