Health and Safety in Employment Act 1992

56E Procedural requirements for infringement notices

  • (1) An infringement notice may not be issued after the close of the 14th day after the inspector becomes aware of the alleged infringement offence.

    (2) An infringement notice may be served on a person—

    • (a) by delivering it personally to the person who appears to have committed the infringement offence; or

    • (b) by sending it by post, addressed to the person at the person's last known place of residence or business.

    (3) For the purposes of the Summary Proceedings Act 1957, an infringement notice must be treated as having been served on the person on the date it was posted.

    (4) An infringement notice must be in the prescribed form and must contain—

    • (a) details of the alleged infringement offence that are sufficient to fairly inform a person of the time, place, and nature of the alleged infringement offence; and

    • (b) the amount of the infringement fee; and

    • (c) an address at which the infringement fee may be paid; and

    • (d) the time within which the infringement fee must be paid; and

    • (e) a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and

    • (f) a statement that the person served with the notice has a right to request a hearing; and

    • (g) 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

    • (h) any other prescribed matters.

    (5) 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,—

    • (a) reminder notices may be prescribed under regulations made under this Act; and

    • (b) in all other respects, section 21 of the Summary Proceedings Act 1957 applies with all necessary modifications.

    Section 56E: inserted, on 5 May 2003, by section 29 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).