6.10 Infringement notice offences

If a department is proposing an amendment of the State Penalties Enforcement Regulation 2000 in order to prescribe an offence under legislation the department administers as an infringement notice offence under the State Penalties Enforcement Act 1999, and to prescribe an infringement notice fine for the offence, the department should liaise with the Department of Justice and Attorney-General.

As a general guide, infringement notice fines prescribed in the State Penalties Enforcement Regulation 2000 for an infringement notice given under the State Penalties Enforcement Act 1999 should not be more than one-tenth of the penalty prescribed in the Act or the subordinate legislation to which the infringement notice fine relates. For example, if a provision of a regulation attracts a maximum penalty of 20 penalty units, the penalty under an infringement notice would ordinarily be prescribed at not more than 2 penalty units.

Last reviewed: 17 July, 2009

Last updated: 22 July, 2009

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