Withdrawal of an infringement notice
65P Withdrawal of an infringement notice
Representations seeking withdrawal of notice
A person to whom an infringement notice has been given may make written representations to the Secretary seeking the withdrawal of the notice.
Withdrawal of notice (whether or not representations have been made)
An inspector may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).
When deciding whether or not to withdraw an infringement notice, the inspector:
must take into account any written representations seeking the withdrawal that were given by the person to the Secretary; and
may take into account the matters set out in subsection (4).
The matters to which the inspector may take into account are the following:
whether the person has previously been convicted of an offence against this Act or been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision;
if the notice relates to an offence—the circumstances in which the offence is alleged to have been committed;
if the notice relates to a civil penalty provision—the circumstances in which the contravention took place;
whether the person has previously been given an infringement notice relating to:
an offence of the same type as the offence specified in the notice; or
a civil penalty provision that is constituted by conduct that is substantially the same as the conduct alleged to constitute the offence specified in the notice;
and in relation to which the person paid the penalty stated in the notice;
whether the person has previously been given an infringement notice relating to:
a civil penalty provision of the same type as the civil penalty provision specified in the notice; or
an offence that is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention of the civil penalty provision specified in the notice;
and in relation to which the person paid the penalty stated in the notice;
any other matter the inspector considers relevant.
Notice of withdrawal
Notice of the withdrawal of the infringement notice must be given to the person. The withdrawal notice must state:
the person’s name and address; and
the day the infringement notice was given; and
that the infringement notice is withdrawn; and
that criminal or civil proceedings may be brought against the person in respect of the conduct to which the infringement notice relates.
Refund of penalty if infringement notice withdrawn
If:
an inspector withdraws the infringement notice; and
the person has already paid the penalty stated in the notice;
the Commonwealth must refund to the person an amount equal to the amount paid.
This Act’s bill:Second reading speech
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