7.2.3.40 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  • an infringement notice is given to the person and later withdrawn.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: 5 November 2018