Document ID: chunk:federal_register_of_legislation:C2008A00074:clause:1_243zj
Version: federal_register_of_legislation:C2008A00074
Segment Type: clause
Provision Reference: sch 1 cl 243ZJ
Character Range: 24967–26509

243ZJ  Withdrawal of infringement notice

 (1) A person on whom an infringement notice has been served under this Subdivision may make written representations to the CEO seeking the withdrawal of the notice.

 (2) The CEO may withdraw an infringement notice served on a person under this Subdivision (whether or not the person has made representations seeking the withdrawal) by causing written notice of the withdrawal to be served on the person within the period within which, or by the time by which, the penalty specified in the infringement notice is required to be paid.

 (3) The matters to which the CEO may have regard in deciding whether or not to withdraw an infringement notice served under this Subdivision include, but are not limited to, the following:
 (a) whether the person has previously been convicted of an offence for a contravention of this Act;
 (b) the circumstances in which the offence specified in the notice is alleged to have been committed;
 (c) whether the person has previously been served with an infringement notice under this Subdivision in respect of which the person paid the penalty specified in the notice;
 (d) any written representations made by the person.

 (4) If:
 (a) the person pays the penalty specified in an infringement notice served under this Subdivision within the period within which, or by the time by which, the penalty is required to be paid; and
 (b) the notice is withdrawn after the person pays the penalty;
the CEO must refund to the person an amount equal to the amount paid.