ETS infringement notices and fees
Infringement offences were introduced into the Emissions Trading Scheme (ETS) legislation in 2021.
If we have a valid reason to believe that you have committed an infringement offence, you may receive an infringement notice. This notice will be issued by one of our enforcement officers.
Infringement notices include details of:
- the alleged infringement offence
- the infringement fee payable
- how to pay.
The infringement fee payable is:
- $1,000 for an individual responsible for the forest land in the ETS, or
- $2,000 in all other cases.
This fee must be paid within 28 working days.
If you pay the infringement fee in full within 28 days, no further action will be taken.
If we do not hear from you within 28 days of serving the infringement notice, you will be sent a reminder notice, unless we decide not to take any further action.
Querying an ETS infringement notice
If you want to query the infringement, you must let us know in writing to the address given on the infringement notice. The correspondence must be signed.
You can query an infringement notice:
- immediately after receiving it, and
- until 28 days after receiving a reminder notice.
The infringement notice will explain how to request an extension to this deadline if you need it.
If you decide to query the infringement notice and fee, you:
- can ask us to take your circumstances into account – we may consider these and decide whether the fee applies in this situation
- can deny that you are liable and ask us to arrange a court hearing
- may also admit liability and ask for a court to consider a written submission about the penalty.
If the court finds you guilty, it may impose a fine that is greater than the infringement fee, and you will be charged a hearing fee. Infringement fines imposed by the court can be: