What Are My Options?
Upon receipt of an Infringement Notice, there are three options available, as set by the State Penalties Enforcement Act 1999. These are as follows:

Can I Negotiate The Cost Of The Infringement Notice?
No. The value of an infringement notice is a fixed amount set by Legislation by reference to a penalty unit. The amount of a penalty unit is set by the Penalties and Sentences Act 1992 and is outside the control of BSA. The value may change from time to time if this Act is amended. Again, this is outside the control of BSA.

How Long Do I have to Respond to the Infringement Notice?
The State Penalties Enforcement Act 1999 allows 28 days after the date of the Infringement Notice to respond.

What Happens If I Do Not Respond?
As mentioned above, the State Penalties Enforcement Act 1999 allows 28 days after the date of the Infringement Notice to respond. If you do not respond within this time, the BSA may give a default certificate to SPER for registration. SPER will then take further action to enforce the fine.

Please be aware that when a default certificate is lodged with SPER, SPER will charge you an additional registration fee. The registration fee is set by the State Penalties Enforcement Regulation 2000 and as at 30 October 2011 is $55. This amount may change from time to time. Additionally, please be aware that once 28 days have elapsed, BSA will not enter into discussion about the issuing of the Infringement Notice.

What is SPER?
The State Penalties Enforcement Registry is part of the Queensland Department of Justice and Attorney General, and under the State Penalties Enforcement Act 1999 is the appointed authority responsible for enforcement of unpaid Infringement Notices and court ordered monetary fines. Please refer to the SPER website at http://www.justice.qld.gov.au/justice-services/sper for further information.

The Infringement Notice states that if I elect for court I could receive a penalty at least 10 times the amount of the Infringement Notice. Why?
The Queensland Building Services Authority Act 1991 and the Domestic Building Contracts Act 2000 have maximum penalties stated on each offence. However, the State Penalties Enforcement Regulation 2000 sets the penalty value for infringement notices. As at 30 October 2011, an infringement notice is set at 10% of the maximum penalty (capped at $2,000).

If you elect for a court hearing, BSA withdraws the infringement notice and is therefore no longer bound by the limitations under the State Penalties Enforcement Regulation 2000. BSA can then seek the maximum penalty plus legal costs. For example, the maximum penalty for an offence might be $25,000 even though the infringement notice fine is limited at $2,000. However the final penalty and costs is decided by the court after consideration of the case.

Election for a court hearing is a serious matter. You are responsible for obtaining your own legal advice before selecting this option.

What is the "Schedule and Infringement Notice Checklist"?
Sometimes the BSA’s investigating officer will have filled out this checklist and enclosed it with your infringement notice. The checklist shows you which offence the BSA reasonably believes you have committed and details the evidence gathered to prove each element of the offence. The aim of giving you this document is to help you understand how you’ve committed the offence and what you can change to prevent reoffending in the future. It is important to note that what is shown on the document is not an exhaustive list of evidence and that other new or existing evidence can be considered if you ask for a review of the BSA’s decision or elect for a court hearing. The provision of this document to you is not a legal requirement.

I don't agree with the decision. What are my Options?
You must deal with your infringement notice within 28 days after the date of the infringement notice. If you believe the wrong decision has been made by the investigating officer, you should first contact the investigating officer with your reasons or evidence. Please note ignorance of the law, financial hardship or a request for leniency are not reasons or new evidence which show you did not commit an offence.

If a resolution cannot be made, you should then put in writing your reasons why the decision is wrong to the investigating officer’s immediate supervisor. Your investigating officer will provide you the name and title of their immediate supervisor. The supervisor will review the matter, consider your evidence and respond to you. In the case where your review is unsuccessful, you may be granted additional time to choose one of the options on the reverse side of the infringement notice such as paying the fine or electing a court hearing. You will be notified in the letter of the new date to make a choice. (This will be dependent on how much time is remaining, how complex your review request was and other factors).

Alternatively, you may elect for a court hearing on the infringement notice paperwork and forward this document to BSA within the 28 days.

If you have written to BSA to request a review, please ensure that BSA has received your correspondence. You can do this by contacting the investigating officer or by telephoning the BSA Contact Centre on 1300 272 272.

If I elect for court, where is it heard?
BSA matters are heard in the Magistrates Courts. Depending on where the offence has occurred this will determine at which court the matter will be heard. BSA’s legal staff will contact you when they receive your paperwork electing for a court hearing.

Does an Infringement Notice affect the details of the online licence search?
Yes. The details of offences will be added to your public record on the Licensee Register.

If you are not licensed, there will be no information shown as you will not have an entry on the Licensee Register.

Section 99 of the Queensland Building Services Authority Act 1991 (the Act) requires BSA to make an entry each time a licensee is convicted of an offence or has been served with an infringement notice for an offence. The entry is made when all appeal periods have ended or either when you have made a payment in full or in part or when a default certificate for non-payment is registered with SPER. Additionally, if any of your offences attract demerit points, these will also be displayed on the Licensee Register when they come into effect.

Section 102 of the Act states when this information must be removed from the Licensee Register. As at 30 October 2011, Information about convictions and infringement notices are removed after 5 years, and information about demerit points are removed after 3 years or when they stop having effect. Demerit points relating to Judgement Debts stop having effect when you discharge the amount owed in the Judgement Debt.

Can BSA exercise discretion over the display of such information on the Licensee Register?
No. The entries are required by legislation and therefore cannot be altered or excluded from the Licensee Register. No BSA officer has the authority to prevent the information being added to the register.

What if the information on the Licensee Register is incorrect?
If a technical issue has prevented an entry from being removed at the correct time, please contact BSA immediately so that we can investigate the issue.

If the information displayed is incorrect, for example an incorrect offence or the effective dates, please contact your investigating officer to have the information checked.

Does an Infringement Notice affect my licence or licence application?
Depending on the number and type of offences committed, considerations may be made at any time as to whether you are a fit and proper person to hold a BSA licence. This may be when you apply for a new licence or at any time while you hold a BSA licence.

If you have unpaid infringement notices or are not currently following your Instalment Plan, considerations may be made as to whether you are fit and proper to hold a BSA licence. If you are an enforcement debtor under an enforcement order for any infringement notices issued by BSA and have failed to take steps under the State Penalties Enforcement Act 1999 to discharge the amount stated in the enforcement order BSA may find that you are not a fit and proper person to hold a BSA licence and therefore your licence application may be rejected or your licence suspended or cancelled.

Infringement notices issued for certain offences may also attract an additional monetary penalty which is added to your renewal fees (for example, if you are issued a fine for failing to follow a direction to rectify defective work).

What are demerit points?
Your licence, like your driver’s licence, can attract demerit points.

The following is a list of the current offences that attract demerit points:

Queensland Building Services Authority Act 1991