Radiocommunications (Penalties) Regulations (Cth)

Statutory Rules 1987 No. 1511

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Radiocommunications (Penalties)

Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Radiocommunications Act 1983.

Dated 29 June 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

MICHAEL DUFFY

Minister of State for Communications

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Citation

1. These Regulations may be cited as the Radiocommunications (Penalties) Regulations.

Interpretation

2.In these Regulations, unless the contrary intention appears:

“authorised person” means a person authorised in writing by the Minister for the purposes of the provision in which that expression appears;

“prescribed offence” means an offence against subsection 10 (8), section 15 or 23, subsection 26 (8), section 27 or 30, subsection 35 (8), section 37, subsection 38 (8) or 65 (17) or section 68 of the Act;

“prescribed penalty”, in relation to a prescribed offence, means a penalty of an amount calculated, in relation to that offence, in accordance with subsection 93 (2a) of the Act;

“the Act” means the Radiocommunications Act 1983;

“the Secretary” means the person for the time being occupying, or acting in, the office the holder of which is, under the Public Service Act 1922, the Secretary of the Department.

Infringement notice

3. (1) Where an authorised person has reason to believe that a person has committed a prescribed offence, the authorised person may serve, or cause to be served, on the second-mentioned person an infringement notice in accordance with these Regulations.

(2) An infringement notice shall:

(a) state the name and the official address of the authorised person who serves the notice, or causes the notice to be served, and be signed by that person;

(b) specify the nature of the alleged prescribed offence and the place where, and the date and time when, the prescribed offence is alleged to have been committed;

(c) contain a notification to the person on whom it is served that, if the person does not wish the matter to be dealt with by a court, he or she may pay the amount of the prescribed penalty in relation to that prescribed offence, being the amount specified in the notice, within the period of 14 days after the date of the notice unless the notice is sooner withdrawn;

(d) specify the place at which, and the manner in which, the prescribed penalty may be paid;

(e) contain a statement setting out the procedures under these Regulations relating to the withdrawal of notices and the consequences of the withdrawal of a notice; and

(f) contain such other particulars (if any) as the Minister considers necessary.

Withdrawal of notice

4. (1) Where an infringement notice has been served on a person, the Secretary, or an authorised person, may at any time before the expiration of 28 days after the date of the notice, by notice in writing served on the person, withdraw the infringement notice.

(2) Where:

(a) an infringement notice has been served on a person;

(b) the person has paid the prescribed penalty in relation to the alleged prescribed offence in accordance with the notice; and

(c) the notice is subsequently withdrawn;

the Secretary, or an authorised person, shall cause to be refunded to the person an amount equal to the prescribed penalty so paid by the person.

 

Payment of prescribed penalty

5. (1) Where an infringement notice has been served on a person and before:

(a) the expiration of the period of 14 days after the date of the notice or such further period, not exceeding 14 days, as the Secretary or an authorised person, whether before or after the expiration of the first-mentioned period, allows; or

(b) the notice is withdrawn;

whichever first occurs, the amount of the prescribed penalty in relation to the alleged prescribed offence is paid in accordance with the notice then, unless the notice is subsequently withdrawn in accordance with these Regulations:

(c) any liability of the person in respect of the alleged prescribed offence shall be deemed to be discharged; and

(d) no further proceedings shall be taken in respect of the alleged prescribed offence.

(2) Where the amount of a prescribed penalty is paid by cheque, payment shall be deemed not to be made unless and until the cheque is honoured upon presentation.

Compliance where more than one notice served

6. Nothing in these Regulations prevents the service of more than one infringement notice in respect of the same alleged prescribed offence, but it is sufficient for the application of regulation 5 to a person on whom more than one such notice has been served for that person to pay the prescribed penalty in relation to the alleged prescribed offence in accordance with any one of the notices so served on that person.

Institution and prosecution of proceedings

7. Nothing in these Regulations shall be construed as requiring the serving of an infringement notice under these Regulations in respect of an alleged prescribed offence or as affecting the institution or prosecution of proceedings, or limiting the amount of the fine that may be imposed by a court, in respect of an alleged prescribed offence in relation to which:

(a) an infringement notice has not been served; or

(b) an infringement notice has been served and subsequently withdrawn in accordance with these Regulations.

NOTE

1. Notified in the Commonwealth of Australia Gazette