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Compliance and enforcementChapter 4

Civil remediesPart 4-1 General provisions relating to civil remedies and infringement noticesDivision 4

Regulation4.04

4.04When an infringement notice can be given

(1) If an inspector reasonably believes that a person has committed 1 or more contraventions of a particular civil remedy provision, the inspector may give to the person an infringement notice relating to the alleged contravention or contraventions.

(2) An infringement notice must be given within 12 months after the day on which the contravention or contraventions are alleged to have taken place.

(3) This regulation does not authorise the giving of 2 or more infringement notices to a person in relation to contraventions of a particular civil remedy provision that:

(a) allegedly took place on the same day; and

(b) allegedly relate to the same action or conduct by the person.

(4) An inspector must not give an infringement notice in respect of a contravention if the Fair Work Ombudsman has accepted an enforceable undertaking from the person under section 715 of the Act in relation to the relevant civil remedy provision.

4.05Content of infringement notice

(1) An infringement notice must:

(a) specify the recipient's full name; and

(b) specify the recipient's address; and

(c) specify the name of the inspector who issued it; and

(d) specify its date of issue; and

(e) set out brief details of the alleged contravention, including the civil remedy provision that has been allegedly contravened; and

(f) specify the penalty for the alleged contravention that is payable under the notice; and

(g) state where and how the penalty can be paid; and

(h) specify the maximum penalty that a court could impose on the recipient for the alleged contravention; and

(i) identify the nominated person; and

(j) explain how the recipient can apply to the nominated person:

(i) to have the infringement notice withdrawn; or

(ii) to be allowed more time to pay the penalty; and

(k) state the effect of the recipient paying the penalty within the required time, as explained in regulation 4.09; and

(l) be signed by the inspector who issued it.

(2) The infringement notice may contain any other information that the inspector who issues it thinks necessary.

(3) If a maximum penalty for a serious contravention of a civil remedy provision is specified in subsection 539(2) of the Act, the penalty specified in accordance

Fair Work Regulations 2009

Compilation date: 11/09/2021

73

Compilation No. 36

Registered: 19/10/2021

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