Return to normal view

Infringements Legislation, Regulations and Guidelines

Standard notices

One of the aims of the new Infringements Act 2006 is to make information on infringement notices as consistent as possible. As a result of the Act, enforcement agencies, in most cases, can no longer stipulate what must be contained in their own infringement notices. All notices must contain the new standard prescribed information or they may be invalid. (The Act outlines the powers and the detail is in the Infringements (Reporting and Prescribed Details and Forms) Regulations 2006).

Data collection

The Attorney-General can ask enforcement agencies for certain data at regular intervals (under section 6 of the Act). This is to map what is happening under the new system across all agencies. Data collection will initially be required every six months, beginning on 1 January 2007 (covering the preceding six from 1 July to 31 December 2006).

Regulations

These Regulations deal with a range of important matters of detail required to give effect to the Infringements Act 2006 and the new infringement system which it underpins:

• Infringements (General) Regulations 2006
• Infringements (Reporting and Prescribed Details and Forms) Regulations 2006

Guidelines

The Attorney-General can issue guidelines (under section 5) about offences suitable for being dealt with as infringement notices, the level of penalty suitable for them and any other matters relating to the Act.

The Attorney-General’s Guidelines to the Infringements Act 2006 cover matters including the policy on infringement offences, eligibility criteria for payment plans (whether mandatory, e.g. to Commonwealth Health Care Card holders, or at the agency’s discretion), the principles to consider when conducting internal agency reviews, the principles underlying special circumstances, and assistance for agencies when interpreting the Infringements Act.

New offences

From 1 July 2006, any Department or enforcement agency wishing to propose new offences to be dealt with by way of infringement must consult with the Infringement System Oversight Unit in the Department of Justice. Further information on the process for agencies developing new infringement offences by regulation is available in the Infringements Offence Consultation Certificate.

Children and young people 

Parts 1, 2, 3 and most of Part 13 of the Infringements Act apply to infringement notices issued to or served on a child for an infringement offence.

This means that children and young people:

• can request an agency review
• can be considered for a payment plan
• are covered by the standardised rules regarding service of infringement notices.