Commonwealth Numbered Acts

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BUILDING ENERGY EFFICIENCY DISCLOSURE ACT 2010 (NO. 67, 2010) - SECT 59

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 the notice is given; and

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

                     (d)  state the name of the person who is giving the notice; and

                     (e)  give brief details of the alleged contravention of the civil penalty provision, including:

                              (i)  the provision of this Act that was allegedly contravened; and

                             (ii)  the maximum penalty that a Court could impose for the contravention; and

                            (iii)  the day on which the civil penalty provision was allegedly contravened; and

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

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

                     (h)  state that, if the person pays the penalty within 28 days after the day the notice is given, civil proceedings will not be brought against the person under this Act in respect of the conduct to which the notice relates, unless the notice is withdrawn; and

                      (i)  state that payment of the penalty is not an admission of liability; and

                      (j)  state how the Secretary may be contacted; and

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

                      (l)  state that the person may choose not to pay the penalty and that, if the person does so, proceedings may be brought under this Act in relation to the alleged contravention; and

                    (m)  set out how the notice can be withdrawn; and

                     (n)  state that if the notice is withdrawn:

                              (i)  any amount of penalty paid under the notice must be refunded; and

                             (ii)  civil proceedings may be brought against the person in respect of the conduct to which the notice relates; and

                     (o)  state that the person may make written representations to the Secretary seeking the withdrawal of the notice; and

                     (p)  set out such other matters (if any) as are specified by the regulations.

             (2)  For the purposes of paragraph (1)(f), the penalty to be stated in the notice for the alleged contravention of the civil penalty provision must not exceed an amount equal to one‑tenth of the maximum penalty that a Court could impose on the person for that contravention.



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