An on-the-spot fine issued to a food business for a specified breach of food safety law.
An on-the-spot fine issued to a food business for a specified breach of food safety law. An infringement notice, also called a penalty notice, is an on-the-spot fine that an authorised officer can issue for certain breaches of the Food Standards Code or the state or territory Food Act. It offers regulators a way to penalise a breach without taking the matter to court. Each notice specifies the offence and the penalty amount, which is set by the relevant legislation. Paying the notice usually resolves the matter, while a recipient who disputes it can generally elect to have it heard in court. Infringement notices are commonly used for offences such as poor hygiene, temperature breaches or failing to have a food safety supervisor. In practice an officer may issue an infringement notice during or after an inspection when a clear breach is found, either instead of or alongside an improvement notice. The notice states how and when to pay and how to dispute it if the business disagrees. For a business, an infringement notice is both a financial penalty and a warning sign that practices need to improve, since repeat breaches can lead to prosecution. Businesses that receive one should correct the underlying problem, keep records of the fix and seek advice if they intend to contest the notice. During a follow-up visit an officer finds a food business still storing high-risk food above the safe temperature and issues an infringement notice for the breach, setting out the penalty and how the business can pay or contest it.
Frequently asked questions
Is an infringement notice a criminal conviction?
Paying an infringement notice usually resolves the matter without a court conviction, but disputing it can lead to a court hearing where a conviction is possible.
How much is the fine?
The amount is set by the relevant state or territory legislation and varies by offence. Check the notice and your jurisdiction's fees for the current figure.
Can I dispute an infringement notice?
Yes. Recipients can generally elect to have the matter heard in court instead of paying, following the process set out on the notice.
What offences attract a penalty notice?
Common examples include poor hygiene, temperature breaches, inadequate cleaning and failing to appoint a required food safety supervisor.
Can I get more than one?
Yes. Separate breaches can attract separate notices, and repeat offending can escalate to prosecution under the Food Act.
