40EProcedural requirements for infringement notices

1. An infringement notice may be served on a person (a recipient) who is alleged to have committed an infringement offence—

2. by delivering it, or a copy of it, personally to the recipient; or
3. by sending it, or a copy of it, by post, addressed to the recipient at the recipient's last known place of residence or business.

4. For the purposes of the Summary Proceedings Act 1957, an infringement notice sent under subsection (1)(b) must be treated as having been served on the recipient on the date it was posted.

5. An infringement notice must be in the form prescribed by regulations made under section 40H and must contain—

6. details of the alleged infringement offence that are sufficient to fully and fairly inform the recipient of the time, place, and nature of the alleged infringement offence; and
7. the amount of the infringement fee; and
8. an address at which the infringement fee may be paid; and
9. the time within which the infringement fee must be paid; and
10. a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
11. a statement that the recipient has a right to request a hearing; and
12. a statement of what will happen if the recipient does not pay the fee and does not request a hearing; and
13. any other prescribed matters.

14. If an infringement notice has been issued, proceedings in respect of the infringement offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957; and in that case, section 21 of the Summary Proceedings Act 1957 applies, with all necessary modifications.

15. Reminder notices must be prescribed by regulations made under section 40H and must contain the information referred to in subsection (3).