Radiocommunications Regulations 2001

Schedule 5 Infringement notice and infringement fees

r 37

Part 1 Form of infringement notice

(Front)

Radiocommunications
Infringement Notice
Notice number:

Date of notice:

Issued under section 128B of the Radiocommunications Act 1989

Enforcement Authority: Ministry of Business, Innovation, and Employment

 

  • To

    [full name]

  • [full address]

Date of birth:

Alleged infringement offence

You are alleged to have committed an infringement offence against regulation . of the Radiocommunications Regulations 2001, as follows:

Details of alleged infringement offence

Nature of infringement:

Location:

Date:

Approximate time:

The fee for this infringement is $

Payment of infringement fee

The infringement fee is payable to the chief executive of the Ministry of Business, Innovation, and Employment within 28 days after [date notice served].

The infringement fee may be paid to the chief executive of the Ministry of Business, Innovation, and Employment at [address].

Payments by cheque or money order should be crossed “a/c payee”.

Important Please read summary of rights printed overleaf.

(Back)

Summary of rights

Notes:

If, after reading these notes, you do not understand anything in the notes, you should consult a lawyer immediately.

1

This notice sets out an alleged infringement offence.

If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into a time-to-pay arrangement with an informant in respect of an infringement fee payable by you, paragraphs 4(b), 4(c), 5, 6, and 7 in these notes do not apply, and you are not entitled either to request a hearing to deny liability or to ask the court to consider any submissions (as to penalty or otherwise) in respect of the infringement.

Payments

2

If you pay the infringement fee within 28 days of the issue of this notice, no further action will be taken. Payments may be made at the place indicated on the front page of this notice.

Defences

3

You have a complete defence against proceedings if the infringement fee has been paid to the Ministry of Business, Innovation, and Employment at the place for payment shown on the front page of this notice before or within 28 days after you have been served with a reminder notice.

Late payment or payment at any other place will not be a defence.

Further action

4

If you wish to—

(a)

raise any matter relating to the alleged offence for consideration by the Ministry of Business, Innovation, and Employment; or

(b)

deny liability for the offence and request a court hearing (refer to paragraph 5); or

(c)

admit liability for the offence, but wish to have a court consider written submissions as to penalty or otherwise (refer to paragraph 7),—

you should write to the Ministry of Business, Innovation, and Employment at the address shown on the front page of this notice. Any such letter must be personally signed.

5

You have a right to request a hearing. If you deny liability for the offence and request a hearing, the Ministry of Business, Innovation, and Employment will serve you with a notice of hearing that sets out the place and time at which the matter will be heard by the court (unless it decides not to start court proceedings).

If the court finds you guilty of the offence, costs will be imposed in addition to any penalty.

6

A request for a hearing must—

(a)

be in writing and signed by you; and

(b)

be delivered to the Ministry of Business, Innovation, and Employment at the address specified on the front page of this notice; and

(c)

be delivered before, or within 28 days after, service on you of a reminder notice.

7

If you admit liability for the offence but want the court to consider your submissions as to penalty or otherwise, you must, in your letter,—

(a)

ask for a hearing; and

(b)

admit the offence; and

(c)

set out the written submissions you wish to be considered by the court.

The Ministry of Business, Innovation, and Employment will then file your letter with the court (unless it decides not to commence court proceedings). There is no provision for an oral hearing before the court if you follow this course of action.

Costs will be imposed in addition to any penalty.

Non-payment of fee

8

If you do not pay the infringement fee and do not request a hearing within 28 days after the issue of this notice, you will be served with a reminder notice (unless the Ministry of Business, Innovation, and Employment decides otherwise).

9

If you do not pay the infringement fee and do not request a hearing within 28 days after being served with the reminder notice, you will become liable to pay costs in addition to the infringement fee (unless the Ministry of Business, Innovation, and Employment decides not to commence proceedings against you).

Queries and correspondence

10

When writing or making payment, please include—

(a)

the date of the infringement; and

(b)

the infringement notice number; and

(c)

your address for replies.

All queries and all correspondence regarding this infringement must be directed to the Ministry of Business, Innovation, and Employment at the address shown on the front page of this notice.

Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.

Schedule 5 Part 1 form: amended, on 1 February 2015, by regulation 26(1) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).

Schedule 5 Part 1 form: amended, on 10 October 2006, by regulation 4(a) of the Radiocommunications Amendment Regulations 2006 (SR 2006/271).

Schedule 5 Part 1 form: amended, on 10 October 2006, by regulation 4(b) of the Radiocommunications Amendment Regulations 2006 (SR 2006/271).

Part 2 Infringement fees

Schedule 5 Part 2: replaced, on 1 February 2015, by regulation 26(2) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).

Infringement offenceInfringement fee ($)
IndividualBody corporate
(a)

installation, use, offers of sale, sale, distribution, manufacture, or importation of interfering equipment or susceptible equipment—

(i)

without a declaration of conformity or exemption from the requirement to make a declaration of conformity; or

2501,250
(ii)

that does not comply with a standard applying to that equipment; or

3501,700
(iii)

that has been declared by the chief executive to be prohibited equipment; or

2501,250
(iv)

that is the subject of a notice of recall by the Minister:

2501,250
(b)installation or use of interfering equipment or susceptible equipment in a manner that does not comply with a code of practice applying to that equipment:3501,700
(c)failure to comply with any requirement or notice issued by the chief executive or the Minister under these regulations:3501,700
(d)completion of a false declaration of conformity:3501,700
(e)incorrect labelling or otherwise falsely representing interfering equipment or susceptible equipment as complying with these regulations:3501,700
(f)using interfering equipment, being a radio transmitter, otherwise than in accordance with a radio licence, a general user radio licence, an exemption granted by the chief executive under these regulations, or a spectrum licence registered in accordance with Part 3 of the Act:3501,700
(g)failure of a rightholder or manager or holder of a radio licence to notify the Registrar of the person’s new name or address in accordance with section 24A of the Act:2501,250
(h)failing to label interfering equipment or susceptible equipment as required under these regulations2501,250