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Chapter 4Compliance and enforcement

Part 4-1Civil remedies

Division 4General provisions relating to civil remedies and infringement notices

Regulation4.06

with paragraph (1)(f) of this regulation in an infringement notice given to a person in respect of an alleged contravention of that civil remedy provision must not exceed one-tenth of the maximum penalty that a court could have ordered the person to pay under section 546 of the Act for a contravention of that civil remedy provision that is not a serious contravention.

Note: If there is no maximum penalty for a serious contravention of a civil remedy provision specified in subsection 539(2) of the Act, the maximum penalty payable under an infringement notice for an alleged contravention of that civil remedy provision is one-tenth of the maximum penalty that a court could impose: see subsection 558(2) of the Act.

4.06Time for payment of penalty

(1) The penalty stated in an infringement notice must be paid within 28 days after the day on which the notice is served on the recipient unless subregulation (2),

(3) or (4) applies.

(2) If the recipient applies for a further period of time in which to pay the penalty, and the application is granted, the penalty must be paid within the further period allowed.

(3) If the recipient applies for a further period of time in which to pay the penalty, and the application is refused, the penalty must be paid within 7 days after the notice of the refusal is served on the recipient.

(4) If the recipient applies for the notice to be withdrawn, and the application is refused, the penalty must be paid within 28 days after the notice of the refusal is served on the person.

4.07Extension of time to pay penalty

(1) Before the end of 28 days after receiving an infringement notice, the recipient may apply, in writing, to the nominated person for a further period of up to 28 days in which to pay the penalty stated in the notice.

(2) Within 14 days after receiving the application, the nominated person must:
(a) grant or refuse a further period not longer than the period sought (but less than 28 days); and

(b) notify the person in writing of the decision and, if the decision is a refusal, the reasons for the decision.

4.08Withdrawal of infringement notice

(1) Before the end of 28 days after receiving the infringement notice, the recipient may apply, in writing, to the nominated person for the infringement notice to be withdrawn.

(2) Within 14 days after receiving the application, the nominated person must:

(a) withdraw or refuse to withdraw the infringement notice; and

Fair Work Regulations 2009

Compilation date: 11/09/2021

74

Compilation No. 36

Registered: 19/10/2021

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