Document ID: chunk:federal_register_of_legislation:F2013L00871:front:0:p10
Version: federal_register_of_legislation:F2013L00871
Segment Type: other
Provision Reference: 
Character Range: 21968–24646

the period of 28 days after the date of giving the notice has ended) for payment of the amount of the infringement notice penalty by instalments.
       28.2AMSA must:
(a) grant or refuse to make an arrangement; 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.
       28.3The person must pay the penalty:
(a) if an arrangement is made — in accordance with the arrangement; or
(b) if the decision is a refusal — before the end of the later of:
 (i) the 28 day period; or
 (ii) 7 days after receiving the notice of the refusal.

29 Withdrawal of infringement notice
       29.1Whether or not a notice is received under subsection 29.2, AMSA, if satisfied that in all the circumstances it is proper to do so, may withdraw an infringement notice.
       29.2Before the end of 28 days after receiving the infringement notice, the recipient may apply, in writing, to AMSA for it to be withdrawn.
       29.3Within 28 days after receiving the application, AMSA 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 the refusal.
       29.4In making a decision, AMSA must consider:
(a) the facts or matters mentioned in the application; and
(b) the circumstances in which the contravention of the Navigation Act mentioned in the notice is alleged to have occurred; and
(c) whether the person has been found previously to have contravened a civil penalty provision in the Navigation Act; and
(d) whether an infringement notice has previously been given to the person for an contravention of the same kind as that mentioned in the notice; and
(e) any other matter AMSA considers relevant to the decision.
       29.5If an infringement notice is withdrawn, any amount of infringement notice penalty paid under the notice must be repaid to the person who paid it.

30 Notice of refusal
       If AMSA decides to refuse to withdraw an infringement notice, notice of the 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 contravention; and
(b) that if the amount is not paid, the person may be prosecuted for the alleged contravention.

31 Payment of penalty if infringement notice not withdrawn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

32 Effect