State Penalties Enforcement Act 1999

An administering authority may withdraw an infringement notice at any time before the fine is satisfied in full.

For the withdrawal to be effective, the administering authority must—

serve on the alleged offender a withdrawal notice in the approved form; and

repay to the alleged offender any amount paid to the administering authority for the offence; and

if prescribed particulars of the infringement notice offence are registered under part 4, give to SPER a copy of the withdrawal notice.

On complying with subsection (2)—

this Act, other than this part, stops applying to the infringement notice offence; and

a proceeding for the offence may be taken against any person (including the alleged offender) as if the notice had not been served on the alleged offender.

No compensation is payable to a person because of the administering authority’s refusal to withdraw an infringement notice.