Superannuation Industry (Supervision) Act 1993

A person to whom an infringement notice has been given may, within 21 days after the day the notice is given, make written representations to the Regulator seeking the withdrawal of the notice.

The Regulator 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 relevant infringement notice), the Regulator:

must take into account any written representations seeking the withdrawal that were given by the person to the Regulator; and

may take into account the following:

whether a court has previously imposed a penalty on the person for a contravention of an offence of strict liability in Division 2;

the circumstances of the alleged contravention;

whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of an offence of strict liability in Division 2 if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;

any other matter the Regulator considers relevant.

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that the infringement notice is withdrawn; and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 the person may be prosecuted in a court in relation to the alleged contravention.

If:

the Regulator withdraws the infringement notice; and

the person has already paid the amount stated in the notice;