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THERAPEUTIC GOODS ACT 1989 - SECT 42YKA

Matters to be included in an infringement notice

             (1)  An infringement notice must:

                     (a)  be identified by a unique number; and

                     (b)  state the day on which it is given; and

                     (c)  state the name of the person to whom the notice is given; and

                     (d)  state the name and contact details of the person who gave the notice; and

                     (e)  give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:

                              (i)  the provision that was allegedly contravened; and

                             (ii)  the maximum penalty that a court could impose for each contravention, if the provision were contravened; and

                            (iii)  the time (if known) and day of, and the place of, each alleged contravention; and

                      (f)  state the amount that is payable under the notice; and

                     (g)  give an explanation of how payment of the amount is to be made; and

                     (h)  state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn):

                              (i)  if the provision is an offence of strict liability--the person will not be liable to be prosecuted in a court for the alleged contravention; or

                             (ii)  if the provision is a civil penalty provision--proceedings seeking an order under subsection 42Y(2) will not be brought in relation to the alleged contravention; and

                      (i)  state that payment of the amount is not an admission of guilt or liability; and

                      (j)  state that the person may apply to the Secretary to have the period in which to pay the amount extended; and

                     (k)  state that the person may choose not to pay the amount and, if the person does so:

                              (i)  if the provision is an offence of strict liability--the person may be prosecuted in a court for the alleged contravention; or

                             (ii)  if the provision is a civil penalty provision--proceedings seeking an order under subsection 42Y(2) may be brought in relation to the alleged contravention; and

                      (l)  set out how the notice can be withdrawn; and

                    (m)  state that if the notice is withdrawn:

                              (i)  if the provision is an offence of strict liability--the person may be prosecuted in a court for the alleged contravention; or

                             (ii)  if the provision is a civil penalty provision--proceedings seeking an order under subsection 42Y(2) may be brought in relation to the alleged contravention; and

                     (n)  state that the person may make written representations to the Secretary seeking the withdrawal of the notice.

             (2)  If the notice relates to only one alleged contravention of the provision by the person, the amount to be stated in the notice for the purposes of paragraph (1)(f) is the lesser of:

                     (a)  one-fifth of the maximum penalty that a court could impose on the person for that contravention; and

                     (b)  12 penalty units where the person is an individual, or 60 penalty units where the person is a body corporate.

             (3)  If the notice relates to more than one alleged contravention of the provision by the person, the amount to be stated in the notice for the purposes of paragraph (1)(f) is the lesser of:

                     (a)  one-fifth of the amount worked out by adding together the maximum penalty that a court could impose on the person for each alleged contravention; and

                     (b)  either:

                              (i)  if the person is an individual--the number of penalty units worked out by multiplying the number of alleged contraventions by 12; or

                             (ii)  if the person is a body corporate--the number of penalty units worked out by multiplying the number of alleged contraventions by 60.

Note:          Under section 42YK, a single infringement notice may only deal with multiple contraventions if they are contraventions of a single provision continuing over a period.



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