Commonwealth Consolidated Regulations

COPYRIGHT REGULATIONS 1969 - SCHEDULE 11C

(regulation 23Q)

COMMONWEALTH OF AUSTRALIA

Copyright Regulations 1969

INFRINGEMENT NOTICE

Date of issue:

Unique identification code:

TO [ name and address of recipient ]:

1.     I, [ name of authorised officer giving the infringement notice ], give this infringement notice under regulation 23P of the Copyright Regulations 1969 .

2.     I have reasonable grounds to believe that you have committed the following offence:

        [ Details of alleged offence, including the provision of the Act that          creates the offence, the nature of the offence, the time and date of the alleged offence, and the place of the alleged offence .]

Penalty under this notice

3.     The penalty for the alleged offence under this notice is 12 penalty units for an individual or 60 penalty units for a body corporate. This penalty can be paid by [methods of payment].

*4.   If you pay the penalty stated in this notice within the time for payment mentioned below then (unless this notice is subsequently withdrawn and any penalty paid refunded):

*4.   If you have agreed to forfeit, and have forfeited, to the Commonwealth all infringing articles and devices in your possession in relation to the alleged offence at the time and place that this notice is issued, and you pay the penalty stated in this notice within the time for payment mentioned below, then (unless this notice is subsequently withdrawn and any penalty paid refunded):

        (a)    any liability you have for the commission of the alleged offence will be discharged; and

        (b)    you will not be prosecuted for the alleged offence; and

        (c)    you will not be taken to have admitted guilt in respect of the alleged offence; and

        (d)    you will not be taken to have been convicted of the alleged offence.

* Omit if not applicable

Consequences of failure to pay penalty under this notice

5.     If you do not pay the penalty specified in this notice within the time      for payment mentioned below, you may be prosecuted for the       alleged offence.

6.     The maximum penalty that a court may impose for this offence is 60 penalty units for an individual and 300 penalty units for a body corporate.

Time for payment

7.     The time for payment is:

        (a)    within 28 days after the date of this notice; or

        (b)    if you apply for a further period of time in which to pay the penalty, and the application is granted -- within the further period allowed; or

        (c)    if you apply for a further period of time in which to pay the penalty, and the application is refused -- within 7 days after the date you receive the notice of refusal; or

        (d)    if you apply for permission to pay the penalty by instalments, and that permission is granted -- in accordance with the permission; or

        (e)    if you apply for permission to pay the penalty by instalments, and that permission is refused -- within 7 days after the date you receive the notice of refusal; or

        (f)    if you apply for the notice to be withdrawn, and the application is refused -- within 28 days after the date you receive the notice of refusal.

Further penalty for continuing offence

8.     If the commission of the alleged offence continues beyond [ date of alleged      offence ], a further penalty may be imposed even if the penalty imposed by             this notice is paid.

Contacting the [ relevant police force ]

9.     The [ name of the police force ] may be contacted by: [ methods of           contact ].

Applying to have this notice withdrawn

10.   Within 28 days after you receive this notice, you may apply to [ name and/or position title ] (the nominated person ) to have this notice withdrawn.

Applying for more time to pay the penalty under this notice

11.   Within 28 days after you receive this notice, you may apply to the nominated person for a further period of up to 28 days in which to pay the penalty under this notice.

Applying to pay the penalty under this notice by instalments

12.   Within 28 days after you receive this notice, you may apply to the nominated person for permission to pay the penalty under this notice by instalments.

Requirements for applications

13.   An application to have this notice withdrawn, or for more time to pay the penalty under this notice, or for permission to pay the penalty under this notice by instalments:

        (a)    must be in writing; and

        (b)    must include the unique identification code set out at the top of this notice; and

        (c)    must include your reasons for making the application; and

        (d)    for an application for permission to pay the penalty under this notice by instalments -- include the proposed amount and frequency of instalments; and

        (e)    may be made by [ methods of making application ].

Signature of authorised officer issuing the notice: