Competition and Consumer Act 2010

The person to whom an infringement notice has been issued for an alleged contravention of an infringement notice provision may make written representations to the Commission seeking the withdrawal of the infringement notice.

Evidence or information that the person, or a representative of the person, gives to the Commission in the course of making representations under subsection (1) is not admissible in evidence against the person or representative in any proceedings (other than proceedings for an offence based on the evidence or information given being false or misleading).

The Commission may, by written notice (the withdrawal notice) given to the person to whom an infringement notice was issued, withdraw the infringement notice if the Commission is satisfied that it is appropriate to do so.

Subsection (3) applies whether or not the person has made representations seeking the withdrawal.

The withdrawal notice must state:

the name and address of the person; and

the day on which the infringement notice was issued to the person; and

that the infringement notice is withdrawn; and

that proceedings under Chapter 4 or Part 5‑2 of the Australian Consumer Law may be started or continued against the person in relation to:

the alleged contravention of the infringement notice provision; or

an offence constituted by the same conduct that constituted the alleged contravention.

To be effective, the withdrawal notice must be given to the person within the infringement notice compliance period for the infringement notice.

If the infringement notice is withdrawn after the person has paid the penalty specified in the infringement notice, the Commission must refund to the person an amount equal to the amount paid.