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withdrawal of an infringement notice:
(a) on an individual:
(i) by giving it to the individual personally; or
(ii) by leaving it at, or by sending it by post to, the address of
the place of residence or business of the individual that is
last known to the authorised person; or
(iii) by giving it, at the place of residence or business of the
individual that is last known to the authorised person, to a
person who is, or is reasonably believed by the authorised
person to be, above the age of 16 years and apparently an
occupant of, or employed at, the place; and
(b) on a body corporate:
(i) by sending it by post to the head office, registered office,
principal office or other postal address of the body
corporate; or
(ii) by giving it to a person who is, or is reasonably believed by
the authorised person to be:
(A) an officer of, or in the service of, the body corporate;
and
(B) above the age of 16 years;
at the head office, registered office, principal office or other
place of business of the body corporate.
296E What must be included in an infringement notice?
(1) An infringement notice must:
(a) specify the name of the authorised person by whom, or on whose
behalf, the notice is served; and
(b) state the name and address of the person on whom the notice is
served; and
(ba) state the prescribed offence that the person is alleged to have
committed, identifying the provision of these Regulations that the
person is alleged to have contravened; and
(c) specify when and where the offence is alleged to have been
committed; and
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(ca) state the amount of the prescribed penalty for the offence; and
(d) notify the person on whom it is served that, if he or she does not
wish the matter to be dealt with by a court, he or she may pay the
amount of the prescribed penalty within 28 days after the date of
service of the notice, or within any further period (not being more
than 28 days) allowed by an authorised person (whether before or
after the end of the first 28 day period); and
(e) specify where and how the prescribed penalty may be paid.
(2) A infringement notice may contain any other matters that CASA
considers necessary.
296F What happens if you pay the prescribed penalty?
If:
(a) an infringement notice is served on a person; and
(b) the person pays the prescribed penalty for the offence mentioned
in the notice within 28 days after the date of service of the notice,
or within any further period (not being more than 28 days)
allowed by an authorised person (whether before or after the end
of the first 28 day period); and
(c) the infringement notice is not withdrawn;
then:
(d) any liability of the person in respect of the offence specified in
the notice is taken to be discharged; and
(e) further proceedings cannot be taken against the person for the
offence; and
(f) the person is not regarded as having been convicted of the
offence.
296G Evidentiary matters
(1) At the hearing of a prosecution for an offence specified in an
infringement notice, a certificate signed by an authorised person that
states:
(a) that the authorised person did not allow further time under
paragraph 296F (b) for payment of the prescribed penalty for the
offence; and
(b) that the penalty has not been paid in accordance with the notice
within 28 days after the date of service of the notice;
is evidence of those matters.
(2) At the hearing of a prosecution for an offence specified in an
infringement notice, a certificate signed by an authorised person and
stating:
(a) that the authorised person allowed, under paragraph 296F (b), the
further time specified in the certificate for payment of the
prescribed penalty for the offence mentioned in the notice; and
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Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
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(b) that the penalty has not been paid in accordance with the notice
or within the further time allowed;
is evidence of those matters.
(3) At the hearing of a prosecution for an offence specified in an
infringement notice, a certificate signed by an authorised person and
stating that the notice was withdrawn on a day specified in the
certificate is evidence of that fact.
(4) A certificate that purports to have been signed by an authorised person
is taken to have been signed by that person unless the contrary is
　
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