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Infringement notices and federal regulation: Wolves in sheep’s clothing
Journal article   Open access   Peer reviewed

Infringement notices and federal regulation: Wolves in sheep’s clothing

Anne Rees
Australian Business Law Review, Vol.42, pp.276-291
2014
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Abstract

Law Accounting, Auditing and Accountability infringement notices federal regulation
This article reviews the growth in the use of infringement notices in federal regulation from being "fines" for low level offences to sometimes being significant penalties in their own right, lacking transparency and oversight. It argues that the practices of some regulators in relation to infringement notices raise additional concerns of fairness. The article suggests that a Regulatory Contraventions Statute of general application supplemented by regulatory practice guidelines may assist to ensure that infringement notice schemes avoid a growth by stealth of executive power into areas that are clearly judicial.

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