50GAccelerated procedure for border infringement offences

1. This section applies if an infringement notice has been issued to a person for a border infringement offence.

2. Any employee of the Department (not necessarily the officer who issued the infringement notice) may serve the infringement notice on the person by—

3. delivering the notice (or a copy of it) to the person personally; or
4. sending the notice (or a copy of it) to the person by post addressed to the defendant’s last known place of residence or business.

5. An infringement notice (or a copy of it) sent by post to a person under subsection (2)(b) is to be treated as having been served on that person when it was posted.

6. If the infringement notice is served by delivering it to the person at a port, the person may choose to immediately pay the infringement fee in the manner specified in the notice.

7. An employee of the Department may, after a period of 14 days from the date the infringement notice was delivered or posted to the person, provide particulars of an infringement notice in accordance with section 21(4) and (4A) of the Summary Proceedings Act 1957 if—

8. the person has not paid the infringement fee for the offence; and
9. the person has not requesting a hearing in respect of the offence.

10. In an infringement notice has been served under this section, the Summary Proceedings Act 1957 applies as if that notice were a reminder notice served under section 21(2) of that Act, and the provisions of that Act apply, with all necessary modifications, to the alleged offence as if—

11. the reference in section 21(1)(b) to providing particulars of a reminder notice were a reference to providing particulars of the infringement notice under subsection (5) of this section; and
12. section 21(3) were replaced with subsection (5) of this section; and
13. the reference in section 21(3A) to the particulars of a reminder notice not having been provided under section 21(3) were a reference to the particulars of the infringement notice not having been provided under subsection (5) of this section; and
14. every reference in section 21(4), (4A), and (4B) to particulars of a reminder notice were a reference to the particulars of an infringement notice and every reference to the contents of a reminder notice were a reference to the contents of an infringement notice; and
15. the reference in section 21(4)(a) to parts of the reminder notice were a reference to parts of the infringement notice; and
16. the reference in section 21(4C) to particulars of a reminder notice were a reference to particulars of an infringement notice; and
17. the reference in section 21(4C) to the reminder notice were a reference to the infringement notice; and
18. the reference in section 21(5) to the verification of particulars of a reminder notice provided under section 21(3) were a reference to the verification of particulars of an infringement notice provided under subsection (5) of this section; and
19. the references in section 21(6)(b) and (10)(a) to a period of 28 days after the service of a reminder notice were references to the period of 14 days after the service of the infringement notice; and
20. each reference in sections 21A and 78B to a reminder notice were a reference to an infringement notice and each reference in sections 21A and 78B to the reminder notice were a reference to the infringement notice; and
21. the references to reminder notices in the definition of defendant in section 2(1), section 212, and any other relevant provisions of that Act or regulations made under that Act were references to the infringement notice.