WORK HEALTH AND SAFETY ACT 2011 - SECT 243A Matters to be included in an infringement notice

WORK HEALTH AND SAFETY ACT 2011 - SECT 243A

  (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 position of the person who gave the notice; and

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

  (i)   the provision that was allegedly contravened; and

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

  (iii)   the time (if known) and day of, and the place of, the 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whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn):

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

  (ii)   if the provision is a WHS civil penalty provision--proceedings seeking an order under section   259 will not be brought in relation to the alleged contravention; and

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

  (j)   state that the person may apply to the regulator 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:

  (i)   if the provision is an offence provision--the person may be prosecuted in a court for the alleged contravention; and

  (ii)   if the provision is a WHS civil penalty provision--proceedings seeking an order under section   259 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  (l)   set out how the notice can be withdrawn; and

  (m)   state that if the notice is withdrawn:

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

  (ii)   if the provision is an offence provision--the person may be prosecuted in a court for the alleged contravention; and

  (iii)   if the provision is a WHS civil penalty provision--proceedings seeking an order under section   259 may be brought in relation to the alleged contravention; and

  (n)   state that the person may make written representations to the regulator seeking the withdrawal of the notice.

  (2)   For the purposes of subsection   (1)(f), the amount to be stated in an infringement notice for the alleged contravention of a provision by a person must be equal to the amount prescribed for the contravention of the provision by the person.

  (3)   The amount prescribed for the contravention of a provision by a person must be no more than one - fifth of the maximum penalty that a court could impose on the person for a contravention of the provision.