- (h) state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn):
- …
- (iii) if the alleged contravention is of a civil penalty provision—proceedings seeking a pecuniary penalty order will not be brought in relation to the alleged contravention; and
- (i) state that payment of the amount is not an admission of guilt or liability …
23 Some of the legal effects of the payment of a penalty that is the subject of an infringement notice are provided for in s 107(1) of the Regulatory Powers Act. There are three relevant effects. The first is that the liability of the person for the alleged contravention is discharged. The second is that proceedings seeking a civil penalty will not be brought. And the third is that the person is not regarded as having admitted guilt or liability for the alleged contravention: see Regulatory Powers Act ss 107(1)(c)–(e).
24 Under s 105 of the Regulatory Powers Act, a person to whom an infringement notice has been given may apply for an extension of the 28-day period for payment referred to in s 104(1)(h) of the Act. If an application is made before the end of that 28-day period, then the relevant chief executive may extend the period, and may extend the period before or after the end of the period.
Further background
Interactions between the Commissioner, Twitter Inc, and X Corp
25 On 13 February 2023, the Commissioner's office provided a notice in draft to Twitter Inc. The Commissioner's office requested confirmation that Twitter Inc was the appropriate legal entity for service of the notice, as well as the name and contact details of the individual to whom the notice should be directed.
26 In response, on 16 February 2023, Twitter Inc advised the office of the Commissioner by email that it was the appropriate legal entity, and that the notice should be sent to Justin Quill. Mr Quill is a member of the firm Thomson Geer, the solicitors currently acting for X Corp.
27 On 22 February 2023, the office of the Commissioner sent an email to Mr Quill that attached the Commissioner's notice under s 56(2) of the Act. The covering email to Mr Quill stated that Twitter Inc was required to comply with the relevant notice within 35 days, and no later than
