Customs and Excise Act 2018

Final and miscellaneous provisions - Offences - Infringement offences

401: Procedural requirements for infringement notices, etc

You could also call this:

"Rules for Getting and Dealing with an Infringement Notice"

Illustration for Customs and Excise Act 2018

When you get an infringement notice, some rules apply. These rules are from sections 423 to 426 and they help with serving the notice. You can find more information in section 400(2)(a).

If an infringement notice is posted, it is treated as served on the date it was posted, according to section 423(1)(a) or (2)(d), 424(1)(c), or 425(1)(b). This means you will be considered to have received the notice on that date. The notice will tell you what to do next.

An infringement notice must be in a special form and include important details. It must tell you what you are alleged to have done wrong, how much you have to pay, and where to pay it. You will also be told how long you have to pay the fee and what happens if you do not pay. The notice will include a summary of section 21(10) of the Summary Proceedings Act 1957 and remind you that you have the right to request a hearing.

If you get an infringement notice, you can use the procedure under section 21 of the Summary Proceedings Act 1957 to deal with the alleged offence. This section can be used with some changes to fit your situation. Regulations can also prescribe the form and content of reminder notices for infringement offences, which must include certain information.

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400: Infringement notices, or

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Part 6Final and miscellaneous provisions
Offences: Infringement offences

401Procedural requirements for infringement notices, etc

  1. The following provisions only of sections 423 to 426 apply in relation to the service of an infringement notice or a notice under section 400(2)(a):

  2. sections 423(1)(a) to (c), (2)(a) to (d), and (3), 424(1)(a) to (c), and 425(1)(a) and (b):
    1. section 426(2)(a) as it applies to notices given by post.
      1. An infringement notice or a notice under section 400(2)(a) that is posted in accordance with section 423(1)(a) or (2)(d), 424(1)(c), or 425(1)(b) must be treated as having been served on the date on which it was posted.

      2. An infringement notice must—

      3. be in the prescribed form; and
        1. contain—
          1. details of the alleged infringement offence that are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
            1. the amount of the infringement fee; and
              1. the address or addresses at which the infringement fee may be paid; and
                1. the time within which the infringement fee must be paid; and
                  1. a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
                    1. a statement that the person served with the notice has a right to request a hearing; and
                      1. a statement of what will happen if the person served with the notice does not pay the fee and does not request a hearing; and
                        1. any other prescribed matters.
                        2. If an infringement notice is issued, the procedure under section 21 of the Summary Proceedings Act 1957 may be used in respect of the infringement offence to which the notice relates and, in that case, that section applies with all necessary modifications.

                        3. Regulations may prescribe, for the purposes of section 21 of the Summary Proceedings Act 1957, the form and content of reminder notices for infringement offences, which must, at a minimum, contain the information set out in subsection (3)(b).