the person supplies fuel in Australia that is the subject of a fuel standard; and

in the case where the fuel standard specifies the circumstances in which the standard applies—the person supplies the fuel in Australia in those circumstances; and

the person is a constitutional corporation or a Commonwealth entity or the person supplies the fuel in the course of constitutional trade or commerce; and

the fuel does not comply with the standard; and

either:

if the person holds an approval that varies the standard in respect of the supply—the fuel does not comply with the standard as varied; or

if another person holds an approval that varies the standard in respect of the supply by the person—the fuel does not comply with the standard as varied; and

the supply is not in order to comply with a direction or order under an emergency law.

the person supplies fuel in Australia that is the subject of a fuel standard; and

in the case where the fuel standard specifies the circumstances in which the standard applies—the person supplies the fuel in Australia in those circumstances; and

the person is a constitutional corporation or a Commonwealth entity or the person supplies the fuel in the course of constitutional trade or commerce; and

the fuel does not comply with the standard; and

either:

if the person holds an approval that varies the standard in respect of the supply—the fuel does not comply with the standard as varied; or

if another person holds an approval that varies the standard in respect of the supply by the person—the fuel does not comply with the standard as varied; and

the supply is not in order to comply with a direction or order under an emergency law.

for an individual—500 penalty units; and

for a body corporate—2,500 penalty units.

the person supplies fuel in Australia; and

the person is a constitutional corporation or a Commonwealth entity or the person supplies the fuel in the course of constitutional trade or commerce; and

the supply is subject to a fuel quality information standard; and

the supply does not comply with the fuel quality information standard; and

either:

if the person holds an approval that varies the fuel quality information standard in respect of the supply—the supply does not comply with the fuel quality information standard as varied; or

if another person holds an approval that varies the fuel quality information standard in respect of the supply by the person—the supply does not comply with the fuel quality information standard as varied; and

the supply is not in order to comply with a direction or order under an emergency law.

that person; or

(b) any other specified person (a regulated person).

a shortfall in the supply of a fuel will exist within two weeks; and

the shortfall will have a serious impact on:

the interests of consumers; or

economic or regional development; and

the shortfall will not reasonably be met by one or more persons (other than the applicant for the approval), either separately or together; and

granting the approval will enable, or assist in enabling, the shortfall to be met or mitigated; and

the shortfall will exist because of exceptional circumstances.

an application for an approval (other than an emergency approval) is made; and

within 21 days of receiving any recommendations of the Fuel Standards Consultative Committee arising out of the consultation required by section 24A, the Minister neither grants, nor refuses to grant, the approval;

the Minister is taken to have refused to grant the approval.

the period specified in the approval;

14 days.

the period specified in the approval;

14 days.

a copy of:

the application; and

any document accompanying it; and

any other material or information that the Secretary considers relevant (including material or information that has become available since the application was made).

the protection of the environment;

the protection of occupational and public health and safety;

the interests of consumers;

the impact on economic and regional development.

the conditions set out in section 17;

any conditions specified in the approval.

the particular condition, including any variation of it;

any revocation of the approval.

the Minister may, in writing, vary the approval; and

(b) the Minister must cause to be published in the Gazette a notice containing the following information:

the name of the person to whom the approval was granted;

the nature of the variation;

the period of operation of the approval;

reasons for the variation.

the name of the person or persons who have been added to the approval;

the period of operation of the approval;

reasons for the variation.

the shortfall in respect of which the approval was first issued will continue to exist after the end of that period; and

the shortfall will have, or is having, a serious impact on:

the interests of consumers; or

economic or regional development; and

the shortfall will not reasonably be met by one or more persons (other than the holder of the approval), either separately or together; and

the variation will enable, or assist in enabling, the shortfall to be met or mitigated; and

the shortfall will continue to exist because of exceptional circumstances.

on the written application of the holder of the approval; or

on the initiative of the Secretary.

must have regard to the matters set out in subsection 15(1); and

may also have regard to any other matters he or she considers relevant.

the period of operation of the approval;

the condition or conditions (if any) imposed, varied or removed;

reasons for the variation.

the holder of an emergency approval makes an application under paragraph (2)(a) in relation to the approval; and

the Minister does not vary the approval;

the Minister must, as soon as practicable, notify the holder, in writing, of the refusal.

Subdivision C—Revoking an approval

the holder intentionally takes an action or omits to take an action; and

the holder is a constitutional corporation or a Commonwealth entity or the action or omission occurs in the course of constitutional trade or commerce; and

the action or omission contravenes a condition of the approval; and

the holder knows that the action or omission contravenes the condition or is reckless as to whether or not the action or omission contravenes the condition.

Regulated person

the person intentionally takes an action or omits to take an action; and

the person is a constitutional corporation or a Commonwealth entity or the action or omission occurs in the course of constitutional trade or commerce; and

the action or omission contravenes a condition of the approval concerned; and

the person has knowledge of the condition; and

the person knows that the action or omission contravenes the condition or is reckless as to whether or not the action or omission contravenes the condition.

the holder takes an action or omits to take an action; and

the holder is a constitutional corporation or a Commonwealth entity or the action or omission occurs in the course of constitutional trade or commerce; and

the action or omission contravenes a condition of the approval.

for an individual—100 penalty units; and

for a body corporate—500 penalty units.

Regulated person

the person takes an action or omits to take an action; and

the person is a constitutional corporation or a Commonwealth entity or the action or omission occurs in the course of constitutional trade or commerce; and

the action or omission contravenes a condition of the approval concerned.

for an individual—100 penalty units; and

for a body corporate—500 penalty units.

(a) a person (the supplier) supplies fuel in Australia to another person and the fuel is the subject of a fuel standard; and

in the case where the fuel standard specifies the circumstances in which the standard applies—the supplier supplies the fuel in Australia in those circumstances; and

the supplier is a constitutional corporation or a Commonwealth entity or the supplier supplies the fuel in the course of constitutional trade or commerce; and

the other person is not the end-user of the fuel;

the supplier must, within the period prescribed by the regulations, provide the other person with a document or documents containing:

a statement as to whether or not the fuel complies with the standard; and

any other information relating to the fuel that is prescribed by the regulations.

(a) a person (the supplier) supplies fuel in Australia to another person and the fuel is the subject of a fuel standard; and

in the case where the fuel standard specifies the circumstances in which the standard applies—the supplier supplies the fuel in Australia in those circumstances; and

the supplier is a constitutional corporation or a Commonwealth entity or the supplier supplies the fuel in the course of constitutional trade or commerce; and

the other person is not the end-user of the fuel.

a statement as to whether or not the fuel complies with the standard; and

any other information relating to the fuel that is prescribed by the regulations.

for an individual—60 penalty units; and

for a body corporate—300 penalty units.

the person alters in any way fuel in Australia that is the subject of a fuel standard; and

the person is a constitutional corporation or a Commonwealth entity or the person alters the fuel in the course of, or for any purpose that is incidental to, constitutional trade or commerce; and

the person alters the fuel with the intention of using it in Australia; and

in the case where the fuel standard specifies the circumstances in which the standard applies—the person alters the fuel with the intention of using it in Australia in those circumstances; and

the fuel as altered does not comply with the base standard (whether or not the fuel complied with that standard before the alteration); and

(e) another person (the supplier) supplied the fuel to the person in Australia, and either:

if the supplier held an approval varying the standard in respect of the supply—the fuel as altered does not comply with the standard as varied (whether or not the fuel complied with that standard as varied before the alteration); or

if another person held an approval varying the standard in respect of the supply by the supplier—the fuel as altered does not comply with the standard as varied (whether or not the fuel complied with that standard as varied before the alteration).

the person alters in any way fuel in Australia that is the subject of a fuel standard; and

the person is a constitutional corporation or a Commonwealth entity or the person alters the fuel in the course of, or for any purpose that is incidental to, constitutional trade or commerce; and

the person alters the fuel with the intention of using it in Australia; and

in the case where the fuel standard specifies the circumstances in which the standard applies—the person alters the fuel with the intention of using it in Australia in those circumstances; and

if the fuel standard applies only in specified circumstances—the fuel is intended to be used in those circumstances; and

the fuel as altered does not comply with the base standard (whether or not the fuel complied with that standard before the alteration); and

(g) another person (the supplier) supplied the fuel to the person in Australia, and either:

if the supplier held an approval varying the standard in respect of the supply—the fuel as altered does not comply with the standard as varied (whether or not the fuel complied with that standard as varied before the alteration); or

if another person held an approval varying the standard in respect of the supply by the supplier—the fuel as altered does not comply with the standard as varied (whether or not the fuel complied with that standard as varied before the alteration).

for an individual—500 penalty units; and

for a body corporate—2,500 penalty units.

the information about the fuel that the Minister is satisfied should, in the public interest, be provided in connection with the supply; and

the way in which that information is to be provided.

Minister must not give preference

before granting, varying or revoking an approval under section 13; and

before making a determination under section 21; and

before making a determination under section 22A; and

before making a decision under subsection 35(2); and

in preparing guidelines under section 22.

the application for an emergency approval; and

his or her intention to grant an emergency approval.

1 representative of each State, the Australian Capital Territory and the Northern Territory;

1 representative of the Commonwealth;

1 person representing fuel producers;

1 person representing a non-government body with an interest in the protection of the environment;

1 person representing the interests of consumers.

Appointment

the person supplies a fuel additive in Australia; and

the person is a constitutional corporation or a Commonwealth entity or the person supplies the fuel additive in the course of constitutional trade or commerce; and

the fuel additive is covered by an entry in the Register.

the person imports a fuel additive into Australia; and

the fuel additive is covered by an entry in the Register.

enter a fuel additive, or a class of fuel additives, in the Register; or

remove a fuel additive, or a class of fuel additives, from the Register.

invite persons to make submissions on the proposal; and

specify the addresses (including an internet address) to which submissions may be sent; and

specify the day by which submissions must be sent (which must be at least 60 days after the day the notice is published).

enter the fuel additive, or the class of fuel additives, in the Register; or

remove the fuel additive, or the class of fuel additives, from the Register.

General notice

enter a fuel additive, or a class of fuel additives, in the Register; or

remove a fuel additive, or a class of fuel additives, from the Register.

a person who is appointed or employed by the Commonwealth;

a person who is appointed or employed by a State or Territory.

satisfy the requirements prescribed by the regulations; and

contain a recent photograph of the inspector.

Offence

the person has been issued with an identity card; and

the person ceases to be an inspector; and

the person does not return the identity card to the Secretary as soon as practicable.

do both of the following:

enter any premises;

exercise the monitoring powers set out in section 41; or

do both of the following:

enter a public area of business premises when the premises are open to the public;

exercise the powers set out in section 41A.

the occupier of the premises has consented to the entry; or

the entry is made under a monitoring warrant.

to search the premises and any thing on the premises;

to inspect, examine, take measurements of, conduct tests on, or take samples of, any fuel or fuel additive on the premises;

to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;

to inspect any book, record or document on the premises;

to take extracts from or make copies of any such book, record or document;

to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;

to secure a thing, until an enforcement warrant is obtained to seize it:

that the inspector finds during the exercise of monitoring powers on the premises; and

that the inspector believes on reasonable grounds is evidential material; and

that the inspector believes on reasonable grounds would be lost, destroyed or tampered with before the warrant can be obtained;

the powers in subsections (2) and (3).

Operation of equipment

the equipment; or

a disk, tape or other storage device that is at the premises and can be used with the equipment or is associated with it;

contains information that is relevant to:

determining whether there has been compliance with this Act; or

assessing the correctness of information provided under this Act.

Removing documents and disks etc.

to operate facilities at the premises to put the information in documentary form and remove the documents so produced;

to operate facilities at the premises to transfer the information to a disk, tape or other storage device that:

is brought to the premises for the exercise of the power; or

is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;

and remove the disk, tape or other storage device from the premises.

How powers to be exercised

answer any questions put by the inspector; or

produce any book, record or document requested by the inspector.

enter the premises; and

exercise the powers set out in section 44.

the occupier of the premises has consented to the entry; or

the entry is made under an enforcement warrant.

to search the premises and any thing on the premises for the evidential material;

to inspect, examine, take measurements of, conduct tests on, or take samples of the evidential material;

to take photographs, make video or audio recordings or make sketches of the premises or the evidential material;

to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;

the powers in subsections (2), (3) and (7).

Operation of equipment

to seize the equipment and any disk, tape or other associated device;

to operate the equipment or other facilities at the premises to put the evidential material in documentary form and seize the documents so produced;

to operate the equipment or other facilities at the premises to transfer the material to a disk, tape or other storage device that:

is brought to the premises for the exercise of the power; or

is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;

and remove the disk, tape or other storage device from the premises.

How powers to be exercised

it is not practicable to put the material in documentary form as mentioned in paragraph (3)(b) or to transfer the material as mentioned in paragraph (3)(c); or

possession by the occupier of the equipment could constitute an offence against a law of the Commonwealth.

in the course of searching for a particular thing, in accordance with an enforcement warrant, an inspector finds another thing that the inspector believes on reasonable grounds to be evidential material; and

the inspector believes, on reasonable grounds, that it is necessary to seize the other thing in order to prevent its concealment, loss or destruction, or its use:

in committing, continuing or repeating an offence against this Act; or

in committing, continuing or repeating a contravention of a civil penalty provision;

then the inspector may seize that other thing.

announce that he or she is authorised to enter the premises; and

give any person at the premises an opportunity to allow entry to the premises.

to ensure the safety of a person; or

to prevent serious damage to the environment; or

to ensure that the effective execution of the warrant is not frustrated.

any of the following:

information relevant to determining whether there has been compliance with this Act;

information relevant to assessing the correctness of information provided under this Act;

evidential material;

may be accessible by operating electronic equipment at particular premises; and

expert assistance is required to operate the equipment; and

if he or she does not take action under this subsection, the information or material may be destroyed, altered or otherwise interfered with;

he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.

Notice to occupier

for a period not exceeding 24 hours; or

until the equipment has been operated by the expert;

whichever happens first.

Extensions

damage is caused to equipment as a result of it being operated as mentioned in this Part; or

the data recorded on the equipment is damaged or programs associated with its use are damaged or corrupted;

because:

insufficient care was exercised in selecting the person who was to operate the equipment; or

insufficient care was exercised by the person operating the equipment;

the owner of the equipment, or the user of the data or programs, is entitled to compensation for the damage or corruption.

Amount of compensation

a document, film, computer file or other thing that can be readily copied; or

a storage device, the information in which can be readily copied;

the inspector must, if requested to do so by the occupier of the premises, or another person who apparently represents the occupier and who is present when the warrant is executed, give a copy of the thing or the information to the occupier or other person as soon as practicable after the seizure.

the thing that has been seized was seized under paragraph 44(3)(b) or (c); or

possession by the occupier of the document, film, computer file, thing or information could constitute an offence against a law of the Commonwealth.

the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or

the period of 60 days after its seizure ends;

whichever first occurs, unless the thing is forfeited or forfeitable to the Commonwealth.

proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or

an inspector may retain the thing because of an order under section 57; or

to return the thing could cause an imminent risk of death, serious illness, serious injury or serious damage to the environment; or

an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy or dispose of the thing.

before the end of 60 days after the seizure; or

before the end of a period previously specified in an order of a magistrate under this section;

proceedings in respect of which the thing may afford evidence have not commenced.

for the purpose of an investigation as to whether:

an offence against this Act has been committed; or

a civil penalty provision has been contravened; or

to enable:

evidence of an offence against this Act to be secured for the purpose of a prosecution; or

evidence of a contravention of a civil penalty provision to be secured for the purpose of civil proceedings;

the magistrate may order that an inspector may retain the thing for a period (not being a period exceeding 3 years) specified in the order.

take reasonable steps to discover who has an interest in the retention of the thing; and

if it is practicable to do so, notify each person whom the inspector believes to have such an interest of the proposed application.

the routine procedures are not substantially complied with in relation to a sample; or

the other procedures are not strictly complied with in relation to a sample;

then any certificate given under section 58B in relation to the sample is of no effect.

Subsection (1) not limited

(a) proceedings for an offence against a provision of offence proceedings); orPart 2 (

proceedings for a contravention of a civil penalty provision of Part 2.

Signing of certificate

an accredited person;

an authorised person in relation to an accredited laboratory;

stating, in respect of a substance, any one or more of the following:

that the person who signed the certificate was an accredited person or an authorised person in relation to an accredited laboratory (as the case may be);

when and from whom the substance was received;

what, if any, labels or other means of identifying the substance accompanied it when it was received;

what container or containers the substance was contained in when it was received;

the state of the seals on the container or containers when the substance was received;

a description of the substance received;

when the substance, or a portion of it, was analysed;

a description of the method of analysis;

the results of the analysis;

is admissible as prima facie evidence of the matters stated in the certificate and of the correctness of the results of the analysis.

Document taken to be a certificate under subsection (2) unless contrary intention established

the person charged with the offence; or

a barrister or solicitor who has appeared for the person in those proceedings;

has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with reasonable evidence of the intention to produce the certificate as evidence in the proceedings.

Person signing the certificate may be called to give evidence

the prosecutor has been given at least 4 days notice of the person’s intention to require the person who signed the certificate to be so called; or

the court, by order, allows the person charged to require the person who signed the certificate to be so called.

Evidence in support of rebuttal of matters in certificate to be considered on its merits

(a) regulations made for the purposes of the definition of accredited laboratory may provide that a laboratory or similar undertaking is an accredited laboratory if it has been accredited or otherwise approved by another person or body; and

(b) regulations made for the purposes of the definition of accredited person may provide that a person is an accredited person if the person has been accredited or otherwise approved by another person or body; and

(c) regulations made for the purposes of the definition of authorised person may provide that a person is an authorised person in relation to an accredited laboratory if the person has been accredited or otherwise approved by another person or body.

finding out whether this Act has been complied with; or

assessing the correctness of information provided under this Act.

authorise one or more inspectors (whether or not named in the warrant), with such assistance and by such force as is necessary and reasonable:

to enter the premises; and

to exercise the powers set out in section 41 in relation to the premises; and

state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and

state the purpose for which the warrant is issued.

name one or more inspectors; and

authorise the inspectors so named, with such assistance and by such force as is necessary and reasonable:

to enter the premises; and

to exercise the powers set out in section 44; and

to seize the evidential material; and

state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and

state the purpose for which the warrant is issued.

after having considered the terms of the information; and

after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the enforcement warrant is being sought;

that there are reasonable grounds for issuing the warrant, the magistrate may complete and sign the same warrant that the magistrate would issue under section 60 if the application had been made under that section.

Obligations of magistrate and inspector once an enforcement warrant issued

the magistrate must:

tell the inspector what the terms of the warrant are; and

tell the inspector the day on which and the time at which the warrant was signed; and

tell the inspector the day (not more than one week after the magistrate completes and signs the warrant) on which the warrant ceases to have effect; and

record on the warrant the reasons for issuing the warrant; and

the inspector must:

complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and

write on the form the name of the magistrate and the day on which and the time at which the warrant was signed.

the form of warrant completed by the inspector; and

the information referred to in subsection (3), which must have been duly sworn.

attach them to the enforcement warrant that the magistrate completed and signed; and

deal with them in the way in which the magistrate would have dealt with the information if the application had been made under section 60.

Authority of an enforcement warrant

it is material, in any proceedings, for a court to be satisfied that an exercise of a power was authorised by this section; and

the enforcement warrant signed by the magistrate authorising the exercise of the power is not produced in evidence;

the court must assume, unless the contrary is proved, that the exercise of the power was not authorised by such a warrant.

state in a document that purports to be a form of warrant under section 61 the name of a magistrate unless that magistrate issued the enforcement warrant; or

state on a form of warrant under that section a matter that, to the inspector’s knowledge, departs in a material particular from the form authorised by the magistrate; or

purport to execute, or present to another person, a document that purports to be a form of warrant under that section that the inspector knows:

has not been approved by a magistrate under that section; or

departs in a material particular from the terms authorised by a magistrate under that section; or

give to a magistrate a form of warrant under that section that is not the form of enforcement warrant that the inspector purported to execute.

an offence against this Act; or

a contravention of a civil penalty provision;

a Court may, on the application of the Minister or any other aggrieved person, grant an injunction restraining the person from engaging in the conduct.

a person has refused or failed, is refusing or failing, or is about to refuse or fail, to do a thing; and

the refusal or failure is, or would be:

an offence against this Act; or

a contravention of a civil penalty provision;

a Court may, on the application of the Minister or any other aggrieved person, grant an injunction requiring the person to do the thing.

the individual is an Australian citizen or ordinarily resident in Australia; and

at any time in the 2 years immediately before the conduct, refusal or failure, the individual has engaged in a series of activities in Australia for protection or conservation of, or research into, the environment.

the organisation or association is incorporated, or was otherwise established, in Australia; and

at any time in the 2 years immediately before the conduct, refusal or failure, the organisation or association has engaged in a series of activities in Australia for protection or conservation of, or research into, the environment; and

at the time of the conduct, refusal or failure, the objects or purposes of the organisation or association included protection or conservation of, or research into, the environment.

whether or not it appears to the Court that the person intends to engage, or to continue to engage, in conduct of that kind; and

whether or not the person has previously engaged in conduct of that kind.

the nature and extent of the contravention; and

the nature and extent of any loss or damage suffered as a result of the contravention; and

the circumstances in which the contravention took place; and

whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct.

Civil evidence and procedure rules apply

aid, abet, counsel or procure a contravention of a civil penalty provision; or

induce (by threats, promises or otherwise) a contravention of a civil penalty provision; or

be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or

conspire to contravene a civil penalty provision.

criminal proceedings are started, or have already been started, against the person for an offence; and

the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.

a person has committed an offence against this Act; or

a person has contravened a civil penalty provision;

the inspector may give the person an infringement notice relating to the offence or contravention.

the day on which the offence is alleged to have been committed; or

the day on which the civil penalty provision is alleged to have been contravened.

be identified by a unique number; and

state the day on which the notice is given; and

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

state the name of the person who gave the notice; and

if the notice relates to an offence—give brief details of the offence that the person is alleged to have committed, including:

the provision of this Act that was allegedly contravened; and

the maximum penalty that a court could impose for the offence; and

the time (if known) and day on which, and the place at which, the offence was alleged to have been committed; and

if the notice relates to the contravention of a civil penalty provision—give brief details of the civil penalty provision that the person is alleged to have contravened, including:

the provision of this Act that was allegedly contravened; and

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

the time (if known) and day on which, and the place at which, the civil penalty provision was alleged to have been contravened; and

state the penalty that is payable under the notice; and

give an explanation of how payment of the penalty is to be made; and

state that, if the person pays the penalty within 28 days after the day the notice is given, criminal or civil proceedings will not be brought against the person under this Act in respect of the conduct to which the notice relates, unless the notice is withdrawn; and

state that payment of the penalty is not an admission of guilt or liability; and

state that the person may apply to the Secretary to have the period in which to pay the penalty extended; and

state that the person may choose not to pay the penalty and, if the person does so, criminal or civil proceedings may be brought against the person under this Act in respect of the conduct to which the notice relates; and

set out how the notice can be withdrawn; and

state that if the notice is withdrawn:

any amount of penalty paid under the notice must be refunded; and

criminal or civil proceedings may be brought against the person in respect of the conduct to which the notice relates; and

state that the person may make written representations to the Secretary seeking the withdrawal of the notice; and

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

if an individual is alleged to have committed the offence—the penalty to be stated in the notice must not exceed an amount equal to one-fifth of the maximum penalty that could have been imposed on the individual for the offence; and

if a body corporate is alleged to have committed the offence—the penalty to be stated in the notice must not exceed an amount equal to one-fifth of the maximum penalty that could have been imposed on the body corporate for the offence.

the day that is the last day of the period referred to in paragraph 65M(1)(i);

the day that is 7 days after the day the person was given notice of the Secretary’s decision not to extend.

must take into account any written representations seeking the withdrawal that were given by the person to the Secretary; and

may take into account the matters set out in subsection (4).

whether the person has previously been convicted of an offence against this Act or been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision;

if the notice relates to an offence—the circumstances in which the offence is alleged to have been committed;

if the notice relates to a civil penalty provision—the circumstances in which the contravention took place;

whether the person has previously been given an infringement notice relating to:

an offence of the same type as the offence specified in the notice; or

a civil penalty provision that is constituted by conduct that is substantially the same as the conduct alleged to constitute the offence specified in the notice;

and in relation to which the person paid the penalty stated in the notice;

whether the person has previously been given an infringement notice relating to:

a civil penalty provision of the same type as the civil penalty provision specified in the notice; or

an offence that is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention of the civil penalty provision specified in the notice;

and in relation to which the person paid the penalty stated in the notice;

any other matter the inspector considers relevant.

Notice of withdrawal

the person’s name and address; and

the day the infringement notice was given; and

that the infringement notice is withdrawn; and

that criminal or civil proceedings may be brought against the person in respect of the conduct to which the infringement notice relates.

Refund of penalty if infringement notice withdrawn

an inspector withdraws the infringement notice; and

the person has already paid the penalty stated in the notice;

the Commonwealth must refund to the person an amount equal to the amount paid.

any liability of the person for the alleged offence is discharged; and

a prosecution for the alleged offence may not be brought against the person; and

if a civil penalty provision relates to conduct substantially the same as the conduct alleged to constitute the offence—civil proceedings for a contravention of the civil penalty provision may not be brought against the person; and

the person is not regarded as having admitted guilt or liability for the alleged offence; and

the person is not regarded as having been convicted of the alleged offence.

Infringement notice relates to civil penalty provision

any liability of the person for the alleged contravention is discharged; and

civil proceedings in respect of the alleged contravention may not be brought against the person; and

if an offence relates to conduct substantially the same as the conduct alleged to constitute the contravention—a prosecution for the offence may not be brought against the person; and

the person is not regarded as having admitted liability for the alleged contravention.

an order directing the person to comply with that term of the undertaking;

an order directing the person to pay to the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;

any order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;

any other order that the Court considers appropriate.