6.10 Infringement notice offences

A department should liaise with the Department of Justice and Attorney-General if the department proposes to create an infringement notice offence. This is achieved by amending the State Penalties Enforcement Regulation 2000. Both the offence that the department administers and the fine for the offence must be prescribed in the regulation.  

As a general guide, infringement notice fines prescribed in the State Penalties Enforcement Regulation 2000 for an infringement notice given under the State Penalties Enforcement Act 1999 should not be more than one-tenth of the penalty prescribed in the Act or the subordinate legislation to which the infringement notice fine relates. For example, if a provision of a regulation attracts a maximum penalty of 20 penalty units, the penalty under an infringement notice would ordinarily be prescribed at not more than 2 penalty units.