Section 18Part 6 — ADMINISTRATIVE PENALTIES
Procedure to be followed by the Registrar
←→ Navigate · Click subsection badges to collapse · Press ? for help
The Registrar shall, before imposing a penalty, provide written notice to a controller stating —
the intention to impose a penalty and the reason for the intention to impose the penalty;
the amount of the proposed penalty; and
the entitlement of the person to make representation to the Registrar in accordance with subsection (2).
Where a controller receives a penalty notice, that controller may, within twenty-one days from the date of the notice, make representation to the Registrar indicating why the controller should not be required to pay the penalty or why the proposed penalty should be reduced.
The Registrar may, at any time prior to the issuance of a penalty notice under subsection (1), withdraw the notice and substitute a new notice stating a different penalty.
The Registrar shall notify the controller of the Registrar's decision under subsection (3) and where the Registrar varies the penalty, of the further steps, if any, taken in relation to the controller.
Before imposing an administrative penalty on a controller, the Registrar shall consider any representations received under subsection (2).
Subject to subsections (2) and (7), a controller who receives a penalty notice shall pay the penalty stated in the notice to the Registrar within such period as the Registrar may determine.
The Registrar may agree to the payment of an administrative penalty in instalments over such period of time as the Registrar considers appropriate.