19 Part 10 of the Online Safety Act concerns enforcement. Under s 162, a civil penalty provision is enforceable under Part 4 of the Regulatory Powers Act, and the Commissioner is an authorised applicant in relation to a civil penalty provision in the Online Safety Act. Section 57 of the Online Safety Act is a civil penalty provision because it sets out at its foot a pecuniary penalty indicated by the words, "Civil penalty" and the provision is not a section divided into subsections: see Regulatory Powers Act ss 79(2)(a)(i) and (b)(i).
20 Under s 163(1) of the Online Safety Act, several provisions of the Act, including s 57, are subject to an infringement notice under Part 5 of the Regulatory Powers Act. Section 163(2) of the Act provides that a member of staff of the Australian Communications and Media Authority authorised, in writing, by the Commissioner for the purposes of the subsection is an infringement officer in relation to s 163(1).
The Regulatory Powers Act
21 Section 103(1) of the Regulatory Powers Act authorises an infringement officer to give an infringement notice if the officer believes on reasonable grounds that a person has contravened a relevant provision –
103 When an infringement notice may be given
(1) If an infringement officer believes on reasonable grounds that a person has contravened a provision subject to an infringement notice under this Part, the infringement officer may give to the person an infringement notice for the alleged contravention.
22 Section 104(1) of the Regulatory Powers Act provides for certain requirements of an infringement notice, which relevantly include the requirement in s 104(1)(e)(iii) to state the place of each contravention, and the requirement in ss 104(1)(h) and (i) to state the consequences of payment –
104 Matters to be included in an infringement notice
(1) An infringement notice must:
- …
- (e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:
- "…
- (iii) the time (if known) and day of, and the place of, each alleged contravention; and
- …
