Commonwealth Numbered Acts Commonwealth Numbered ActsRepresentations seeking withdrawal of notice
(1) A person to whom an infringement notice has been given may make written representations to the Secretary seeking the withdrawal of the notice.
(2) Evidence or information that the person, or a representative of the person, gives to the Secretary in the course of making representations under subsection (1) is not admissible in evidence against the person or representative in any proceedings (other than proceedings for an offence based on the evidence or information given being false or misleading).
Withdrawal of notice (whether or not representations have been made)
(3) The Secretary may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).
(4) When deciding whether or not to withdraw an infringement notice, the Secretary:
(a) must take into account any written representations seeking the withdrawal that were given by the person to the Secretary; and
(b) may take into account the matters set out in subsection (5).
(5) The matters which the Secretary may take into account are the following:
(a) whether the person has previously been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision;
(b) the circumstances in which the civil penalty provision specified in the notice is alleged to have been contravened;
(c) 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 and in relation to which the person paid the penalty stated in the notice;
(d) any other matter the Secretary considers relevant.
Notice of withdrawal
(6) Notice of the withdrawal of the infringement notice must be given to the person. The withdrawal notice must state:
(a) the person's name and address; and
(b) the day the infringement notice was given; and
(c) the identifying number of the infringement notice; and
(d) that the infringement notice is withdrawn; and
(e) that 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Refund of penalty if infringement notice withdrawn
(7) If:
(a) the Secretary withdraws the infringement notice; and
(b) 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.