The Department may by order make provision to confer on the Department the power by notice to impose a fixed monetary penalty on a person in relation to an offence under section 32.

Provision under this section may only confer such a power in relation to a case where the Department is satisfied beyond reasonable doubt that the person has committed the offence.

For the purposes of this Part a “fixed monetary penalty” is a requirement to pay to the Department a penalty of a prescribed amount.

The amount of the fixed monetary penalty that may be imposed in relation to an offence may not exceed level 1 on the standard scale.

In this section “prescribed” means prescribed in an order made under this section.