Commonwealth Numbered Regulations - Explanatory Statements

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RADIOCOMMUNICATIONS REGULATIONS (AMENDMENT) 1996 NO. 158

STATUTORY RULES 1996 No. 158

Issued by the Authority of the Minister for Communications and the Arts

Radiocommunications Act 1992

Radiocommunications Regulations (Amendment)

Paragraph 314(1)(d) of the Radiocommunications Act 1992 provides that the Governor-General may make regulations enabling a person who is alleged to have committed certain offences under the Act to pay a penalty to the Commonwealth as an alternative to prosecution.

The Radiocommunications Regulations ('the Regulations') provide for the payment of penalties as an alternative to prosecution in regulations 23 to 31. These regulations provide for an authorised person to serve an infringement notice on individuals where there are reasonable grounds for believing that the individual has committed an offence. An infringement notice must, amongst other things, specify a penalty in respect of the offence. If the penalty is paid, regulation 27 prevents further prosecution action against the individual in relation to the offence specified in the notice and they are not to be regarded as having been convicted of the offence.

Regulation 25 provides details of the information which the infringement notice must contain. The purpose of the amending regulations was to amend regulation 25 to include a requirement that the infringement notice include information advising recipients that if they pay the penalty then, under regulation 27, the liability of the person is discharged, no further proceedings may be taken and the person is not to be regarded as having been convicted of an offence.