WATER ACT 2007 - SECT 157 Matters to be included in an infringement notice

WATER ACT 2007 - SECT 157

  (1)   An infringement notice must:

  (a)   be identified by a unique number; and

  (b)   state the day on which it is given; and

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

  (d)   state the name and contact details of the appropriate enforcement agency that gave the notice; and

  (e)   give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:

  (i)   the civil penalty provision that was allegedly contravened; and

  (ii)   the maximum penalty that a court could impose for each contravention, if the provision were contravened; and

  (iii)   the time (if known) and day of, and the place of, each alleged contravention; and

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

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

  (h)   state that, if the person to whom the notice is given pays the amount to the appropriate enforcement agency, on behalf of the Commonwealth, within 28 days after the day the notice is given, then (unless the notice is withdrawn), proceedings seeking a pecuniary penalty order will not be brought in relation to the alleged contravention; and

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

  (j)   state that the person may apply to the relevant chief executive to have the period in which to pay the amount extended; and

  (k)   state that the person may choose not to pay the amount and, if the person does so, proceedings seeking a pecuniary penalty order may be brought in relation to the alleged contravention; and

  (l)   set out how the notice can be withdrawn; and

  (m)   state that, if the notice is withdrawn, proceedings seeking a pecuniary penalty order may be brought in relation to the alleged contravention; and

  (n)   state that the person may make written representations to the relevant chief executive seeking the withdrawal of the notice; and

  (o)   set out such other matters (if any) as are prescribed by the regulations.

Amount of penalty

  (2)   If the infringement notice relates to only one alleged contravention of the provision by the person, the amount to be stated in the notice for the purposes of paragraph   (1)(f) is the lesser of the following:

  (a)   one - fifth of the maximum penalty that a court could impose on the person for that contravention;

  (b)   12 penalty units where the person is an individual, or 60 penalty units where the person is a body corporate.

Note:   To work out the maximum penalty for the purposes of paragraph   (a) of this subsection, see subsection   147(3).

  (3)   If the infringement notice relates to more than one alleged contravention of the provision by the person, the amount to be stated in the notice for the purposes of paragraph   (1)(f) is the lesser of the following:

  (a)   one - fifth of the amount worked out by adding together the maximum penalty that a court could impose on the person for each alleged contravention;

  (b)   either:

  (i)   if the person is an individual--the number of penalty units worked out by multiplying the number of alleged contraventions by 12; or

  (ii)   if the person is a body corporate--the number of penalty units worked out by multiplying the number of alleged contraventions by 60.

Note 1:   Under subsection   156(4), a single infringement notice may only deal with multiple contraventions if they are contraventions of a single provision continuing over a period.

Note 2:   To work out the maximum penalty for the purposes of paragraph   (a) of this subsection, see subsection   147(3).