Commonwealth Consolidated Acts

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WATER ACT 2007 - SECT 156

When an infringement notice can be given

  (1)   If the appropriate enforcement agency has reasonable grounds to believe that a person has contravened a civil penalty provision (a designated civil penalty provision ):

  (a)   set out in:

  (i)   the water charge rules or the water market rules; or

  (ii)   Part   7; or

  (b)   referred to in regulations made for the purposes of this paragraph;

the appropriate enforcement agency may give to the person an infringement notice relating to the alleged contravention.

  (2)   An infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.

  (3)   A single infringement notice must relate only to a single contravention of a single designated civil penalty provision unless subsection   (4) applies.

  (4)   The appropriate enforcement agency may give a person a single infringement notice relating to multiple contraventions of a single designated civil penalty provision if:

  (a)   the provision requires the person to do a thing within a particular period or before a particular time; and

  (b)   the person fails or refuses to do that thing within that period or before that time; and

  (c)   the failure or refusal occurs on more than 1 day; and

  (d)   each contravention is constituted by the failure or refusal on one of those days.

However, the infringement notice must not require the person to pay more than one penalty in respect of the same conduct.

Note:   For continuing contraventions of civil penalty provisions, see section   154B.


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