Document ID: chunk:federal_register_of_legislation:F2024C00986:reg:1:p33
Version: federal_register_of_legislation:F2024C00986
Segment Type: reg
Provision Reference: reg 1 (pt 33/35)
Character Range: 87097–89837

or not a notice is received under subregulation (2), the Secretary, if satisfied that in all the circumstances it is proper to do so, may withdraw an infringement notice.
 (2) If, before the end of 28 days after receiving an infringement notice, a person gives the Secretary notice under paragraph 5.03(2)(h), the Secretary must decide whether to withdraw the infringement notice.
 (3) The Secretary must:
 (a) withdraw, or refuse to withdraw, the notice; and
 (b) give the applicant written notice of the decision; and
 (c) if the decision is a refusal—mention in the notice the reasons for refusal.
 (4) If the Secretary decides to refuse to withdraw an infringement notice, notice of that decision must state:
 (a) that if the amount of the infringement notice penalty is paid within 28 days after notice of the decision is given to the person, the person will not be prosecuted for the alleged offence; and
 (b) that if that amount is not so paid, the person may be prosecuted for the alleged offence.
 (5) In making a decision, the Secretary must consider:
 (a) the facts or matters set out in the notice (if any) given under paragraph 5.03(2)(h); and
 (b) the circumstances in which the offence mentioned in the notice is alleged to have been committed; and
 (c) whether the person has been convicted previously of an offence against Part 5 of the Act; and
 (d) whether an infringement notice has previously been given to the person for an offence of the same kind as the offence mentioned in the notice; and
 (e) any other matter the Secretary considers relevant to the decision.

5.07  Payment of penalty if infringement notice not withdrawn
  If the Secretary refuses to withdraw an infringement notice, the applicant for withdrawal must pay the infringement notice penalty before the end of 28 days after receiving notice of the refusal.

5.08  Effect of payment of infringement notice penalty
 (1) If a person served with an infringement notice pays the infringement notice penalty in accordance with this Division:
 (a) the person's liability in respect of the offence is discharged; and
 (b) further proceedings cannot be taken against the person for the offence; and
 (c) the person is not convicted of the offence.
 (2) Subregulation (1) applies to a person who makes an arrangement to pay the infringement notice penalty by instalments, only if the person makes payments in accordance with the arrangement.

5.09  Admissions under paragraph 5.03(2)(h)
  Evidence of an admission made by a person in a notice under paragraph 5.03(2)(h) is inadmissible in proceedings against the person for the alleged offence.

5.10  Matter not to be taken into account in determining sentence
 (1) This regulation applies if a person served