Withdrawal of infringement notice
43 Withdrawal of infringement notice
(1) A traffic infringement notice may be withdrawn, at any time within 28 days after the notice is served, by addressing to the offender a notice of withdrawal.
(1A) A traffic infringement notice may be withdrawn, by a person authorised under subregulation (3), at a later time if the person withdrawing the notice is satisfied that the person to whom the notice was issued was not the offender.
(1B) If an infringement notice is withdrawn under subregulation (1A), a courtesy letter issued under the Fines and Penalties (Recovery) Act 2001 may be withdrawn also, although the due date for payment specified in the letter may have passed.
(2) A notice of withdrawal is to state that the traffic infringement notice is withdrawn and that any money paid by way of penalty under the notice will be refunded.
A notice of withdrawal may be issued by:
(a) the infringement issuing officer mentioned in regulation 41 who served, or arranged the service of, the traffic infringement notice; or
(b) a police officer authorised for the purpose, or a person authorised under regulation 46A(1)(b), by the Commissioner; or
an officer authorised for the purpose by the Director.
(5) If an infringement notice is withdrawn for the purpose of prosecuting the offender for the offence, the production of a certificate signed by the person who issued the notice of withdrawal stating any of the following matters is evidence of the matter:
the person is authorised to issue notices of withdrawal;
(b) on a specified date the person issued a notice of withdrawal of a specified traffic infringement notice.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.