BIOSECURITY ACT 2015 - SECT 524 Modifications of Part 5 of the Regulatory Powers Act

BIOSECURITY ACT 2015 - SECT 524

  (1)   Instead of stating the matters mentioned in paragraphs 104(1)(d) and (h) of the Regulatory Powers Act, an infringement notice must:

  (a)   state the name and contact details of the person who gave the notice, and how the person has power to issue the infringement notice; and

  (b)   state that, if the person to whom the notice is given pays the amount within the specified period after the notice is given, then (unless the notice is withdrawn):

  (i)   if the provision is an offence provision and does not also constitute a civil penalty provision--the person will not be liable to be prosecuted in a court for the alleged contravention; or

  (ii)   if the provision is an offence provision that can also constitute a civil penalty provision--the person is not liable to be prosecuted in a court, and proceedings seeking a civil penalty order under Part   4 of the Regulatory Powers Act will not be brought, in relation to the alleged contravention; or

  (iii)   if the provision is a civil penalty provision--proceedings seeking a civil penalty order under Part   4 of the Regulatory Powers Act will not be brought in relation to the alleged contravention.

Period for payment

  (2)   The period to be specified in the notice for the purposes of paragraph   (1)(b) must be:

  (a)   28 days after the day the notice is given; or

  (b)   if the regulations prescribe a period that ends earlier--the prescribed period.

Note:   The regulations may prescribe a period that ends a short time after the notice is given (maybe even on the day that the notice is given).

  (3)   Regulations made for the purposes of paragraph   (2)(b) may prescribe different periods for different kinds of contraventions of provisions mentioned in subsection   523(1), including, but not limited to, prescribing different periods depending on the kind of goods or class of goods to which an alleged contravention relates.

Amount payable under the infringement notice

  (4)   The amount to be stated in an infringement notice for the purposes of paragraph   104(1)(f) of the Regulatory Powers Act for the alleged contravention of the provision by the person must be the least 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; and

  (c)   if the regulations prescribe a different number of penalty units for the alleged contravention of the provision by the person--that number of penalty units.

  (4A)   Despite subsection   (4), the amount to be stated in an infringement notice for the purposes of paragraph   104(1)(f) of the Regulatory Powers Act for the alleged contravention of subsection   186A(1) of this Act by a person must be:

  (a)   20 penalty units where the person is an individual; or

  (b)   100 penalty units where the person is a body corporate.

  (5)   Regulations made for the purposes of paragraph   (4)(c) may specify different numbers of penalty units for an alleged contravention of a particular provision mentioned in subsection   523(1) by a person depending on whether the person is an individual or a body corporate.

  (6)   Regulations made for the purposes of paragraph   (4)(c) may prescribe different numbers of penalty units for different kinds of contraventions of provisions mentioned in subsection   523(1), including, but not limited to, prescribing different numbers of penalty units depending on the kind of goods or class of goods to which an alleged contravention relates.

Regulations may apply Director of Biosecurity determination as in force from time to time

  (7)   Despite subsection   14(2) of the Legislation Act 2003 , regulations made for the purposes of paragraph   (2)(b) or (4)(c) of this section may make provision in relation to a matter by applying, adopting or incorporating any matter contained in a determination made by the Director of Biosecurity under subsection   524A(1), as in force from time to time.