Monetary Penalties Enforcement Act 2005

A fee-paying public sector body or a non-fee-paying public sector body may withdraw an infringement notice served by it at any time – on application by the alleged offender; or on its own motion.

An infringement notice may be withdrawn whether or not the person on whom it was served is taken, under section 20, to have been convicted of the offence.

If an infringement notice is withdrawn by a fee-paying public sector body or a non-fee-paying public sector body, that body is to – advise the alleged offender, in writing, of the withdrawal; and if the infringement notice has been referred to the Director, immediately notify the Director in the approved manner of the withdrawal of the infringement notice, quoting the infringement notice number; and in the case of the withdrawal of an infringement notice by a non-fee-paying public body, notify any relevant authority to enable the cancellation or revocation of any other penalty imposed as the result of the operation of section 20 in respect of an offence set out in the infringement notice; and initiate the deletion of any conviction imposed as the result of the operation of section 20 from any record held by any public sector body and the body holding the record must make that deletion.

Upon being notified of the withdrawal of an infringement notice, the Director – is to refund any penalty amount already paid, unless the alleged offender has been, or could be, issued with an enforcement order in respect of another monetary penalty, in which case the amount already paid may be taken to be in payment or part payment of that other monetary penalty; and is to cancel any relevant enforcement order issued against the alleged offender; and is not to collect or enforce payment of any monetary penalty contained in the infringement notice.