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COMMONWEALTHRegulation
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s 4.08

Withdrawal of infringement notice

In force
Chapter 4Compliance and enforcement
Part 4-1Civil remedies
Division 4General provisions relating to civil remedies and infringement notices

4.08 Withdrawal of infringement notice

(1)

Before the end of 28 days after receiving the infringement notice, the recipient may apply, in writing, to the nominated person for the infringement notice to be withdrawn.

(2)

Within 14 days after receiving the application, the nominated person must:

(a)

withdraw or refuse to withdraw the infringement notice; and

(b)

notify the recipient in writing of the decision and, if the decision is a refusal, the reasons for the decision.

(3)

If the nominated person has not approved, or refused to approve, the withdrawal of the infringement notice within the period allowed by subregulation (2), the application is taken to have been refused.

(4)

An inspector may also withdraw an infringement notice issued by him or her by serving a notice of withdrawal on the recipient without an application having been made.

(5)

A notice of the withdrawal of an infringement notice must:

(a)

specify the recipient’s full name; and

(b)

specify the recipient’s address; and

(c)

specify its date of issue; and

(d)

state that the infringement notice is withdrawn.

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