Consumer Affairs And Fair Trading (Infringement Notice Offences) Regulations 2012 (NT)
NORTHERN TERRITORY OF AUSTRALIA
CONSUMER AFFAIRS AND FAIR TRADING (INFRINGEMENT NOTICE OFFENCES) REGULATIONS 2012
As in force at 1 February 2023
northern territory of australia
As in force at 1 February 2023
CONSUMER AFFAIRS AND FAIR TRADING (INFRINGEMENT NOTICE OFFENCES) REGULATIONS 2012
Regulations under the Consumer Affairs and Fair Trading Act 1990
These Regulations may be cited as the
In these Regulations:
(1) An
infringement notice offence is an offence against a provision specified in the Schedule.(2) The
prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in the Schedule.
(1) If the Commissioner believes on reasonable grounds that a person has committed an offence against a provision of the Act, other than Part 10 or 14 of the Act, that is specified in the Schedule, the Commissioner may give an infringement notice to the person.
(2) If the Director believes on reasonable grounds that a person has committed an offence against a provision of Part 10 or 14 of the Act that is specified in the Schedule, the Director may give an infringement notice to the person.
(1) The infringement notice must specify the following:
(a) the name and address of the person, if known;
(b) the date the infringement notice is given to the person;
(c) the date, time and place of the infringement notice offence;
(d) a description of the offence;
(e) the prescribed amount payable for the offence;
(f) the enforcement agency, as defined in the
Fines and Penalties (Recovery) Act 2001 , to which the prescribed amount is payable.
(2) The infringement notice must include a statement to the effect of the following:
(a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given;
(b) the person may elect under section 21 of the
Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency;(c) if the person does nothing in response to the notice, enforcement action may be taken under the
Fines and Penalties (Recovery) Act 2001 , including (but not limited to) action for the following:(i) suspending the person’s licence to drive;
(ii) seizing personal property of the person;
(iii) deducting an amount from the person’s wages or salary;
(iv) registering a statutory charge on land owned by the person;
(v) making a community work order for the person and imprisonment of the person if the person breaches the order.
(3) Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b).
(1) If the person uses electronic means to pay the prescribed amount, payment is not effected until the amount is credited to the enforcement agency’s bank account.
(2) If the person tenders a cheque in payment of the prescribed amount, payment is not effected unless the cheque is cleared on first presentation.
(1) The Commissioner or the Director, as appropriate, may withdraw the infringement notice by written notice given to the person.
(2) The notice must be given:
(a) within 28 days after the infringement notice is given to the person; and
(b) before payment of the prescribed amount.
8 Application of Regulations (1) These Regulations do not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated.
(2) Also, these Regulations do not:
(a) require an infringement notice to be given; or
(b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or
(c) prevent more than one infringement notice for the same offence being given to a person.
(3) If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.
The
(1) An infringement notice issued by the Commissioner in relation to an offence, other than an offence against a provision of Part 10 or 14 of the Act, that is in force immediately before the commencement is taken to have been issued under regulation 4(1) as in force after the commencement.
(2) An infringement notice issued by the Commissioner in relation to an offence against a provision of Part 10 or 14 of the Act that is in force immediately before the commencement is taken to be a notice issued by the Director under regulation 4(2) as in force after the commencement.
(3) In this regulation:
commencement means the commencement of Part 3, Division 6 of theJustice and Licensing Legislation Further Amendment Act 2022 .
regulation 3
sections 116(3), 117, 118(1), (3) and (4), 119(3), (4) and (7), 129(1), 130, 150(3), 157(1), 158(1), 160(1), 161(1) to (3), 163(1), 164, 166(1), 167, 172(1) and (3), 176(1), 178, 188(1), (2) and (3), 194(2), 195(6), 201, 205(3), 212(1), 213, 276, 277(1), 279, 281(1), 283(1) to (6), 284, 289, 290, 292, 293(1) and (2), 294(1) and (2), 299, 302, 311(4), 316, 317(4) and 318(2) | 5 | |
sections 144(4), 153(1), 174(1), 175, 189(2), 203(4), 209, 210, 211, 267(4), 274, 275(3), 280(3), 282(2), 285(1) and (2), 291(2), 296(1) and (2), 297(1), 300, 301(1), 315 and 326(2) and (3) | 2 | |
a provision of Part 2–2, a provision of Part 3–1 (other than sections 32(1), 35(1), 36(1) to (3), 40, 43 and 47(1)), a provision of Part 3–2, Division 2 (other than section 85) and sections 102(2), 103(2), 106(1) to (3) and (5), 107(1) and (2), 118(1) to (3) and (5), 119(1) and (2), 127(1) and (2), 136(1) to (3) and 137(1) and (2) | 12 | |
section 66(2), a provision of Part 3–2, Division 3 (other than section 96(2)) and sections 99B(1), 99C, 99D(1), 99E and 99F(2) | 11 | |
section 222(1) | 10 | |
sections 125(4), 128(2) and (6), 131(1), 132(1) and 221(1) | 6 | |
sections 100(1) and (3) and 101(3) and (4) | 4 | |
section 47(1) | 2 | |
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 30 May 2012 |
Commenced | 30 May 2012 |
Assent date | 31 May 2017 |
Commenced | 26 July 2017 ( |
Notified | 17 June 2020 |
Commenced | 17 June 2020 |
Assent date | 31 October 2022 |
Commenced | pt 3: 1 February 2023; rem: 21 December 2022 ( |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
r 2 amd Act No. 21, 2022, s 46
r 3 amd Act No. 11, 2017, s 7
r 4 amd Act No. 11, 2017, s 8
sub Act No. 21, 2022, s 47
r 5 amd Act No. 11, 2017, s 9
r 6 sub Act No. 11, 2017, s 10
r 7 amd Act No. 21, 2022, s 48
r 10 ins Act No. 21, 2022, s 49
sch 1 sub Act No. 11, 2017, s 11
amd No. 13, 2020, r 4
sch 2 rep Act No. 11, 2017, s 11
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