Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p19
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 19/43)
Character Range: 749275–752177

of the decision and, if the decision is a refusal, the reasons for the decision.
 (4) Without limiting subregulation (3), ASIC may withdraw the infringement notice after taking into account the following matters:
 (a) whether the recipient has previously been found to have contravened the rule to which the notice relates;
 (b) the circumstances in which the contravention set out in the infringement notice is alleged to have occurred;
 (c) whether an infringement notice has previously been given to the recipient in relation to an alleged contravention of the rule to which the notice relates, and whether the recipient complied with the infringement notice;
 (d) any other relevant matter.
 (5) If, under paragraph (3)(a), ASIC refuses to withdraw the infringement notice, the recipient may not make a further application under subregulation (1) in relation to that infringement notice.
 (6) If ASIC has not withdrawn, or refused to withdraw, the infringement notice within 14 days after receiving the application, ASIC is taken to have refused to withdraw the infringement notice.

7.5A.112  Withdrawal of infringement notice by ASIC
 (1) ASIC may withdraw an infringement notice given by ASIC without an application under regulation 7.5A.111 having been made.
 (2) Without limiting subregulation (1), ASIC may withdraw the infringement notice after taking into account a matter mentioned in paragraph 7.5A.111(4)(a), (b), (c) or (d).

7.5A.113  Notice of withdrawal of infringement notice
 (1) A notice withdrawing an infringement notice must include the following information:
 (a) the name and address of the recipient;
 (b) the date the infringement notice was given;
 (c) the infringement notice's unique code.
 (2) The notice must also state that the infringement notice is withdrawn.

7.5A.114  Withdrawal of notice after compliance
 (1) ASIC may withdraw an infringement notice after the recipient has complied with the infringement notice only if the recipient agrees, in writing, to the withdrawal.
 (2) If an infringement notice is withdrawn after the penalty specified in it (if any) has been paid, the Commonwealth must refund the amount of the penalty to the person who paid it.
 (3) If an infringement notice is withdrawn after the recipient has complied with a requirement specified in the infringement notice:
 (a) to undertake or institute remedial measures; or
 (b) to accept sanctions other than a payment of a penalty to the Commonwealth; or
 (c) to enter into an undertaking;
the remedial measures, sanctions or undertaking are taken to no longer be enforceable by ASIC.

7.5A.115  Publication of details of infringement notice
 (1) If ASIC gives an infringement notice to a recipient, ASIC may, at the end of the compliance period, publish details of the infringement notice.
 (2) If ASIC decides to publish details of the infringement notice, ASIC must publish the details