Document ID: chunk:federal_register_of_legislation:F2021L01123:reg:4:p10
Version: federal_register_of_legislation:F2021L01123
Segment Type: reg
Provision Reference: reg 4 (pt 10/12)
Character Range: 24762–27535

alleged contravention is discharged

               state that the person to whom a notice is given has the right to apply to the ACMA to have the notice withdrawn

               explain that the ACMA may withdraw the infringement notice within 28 days of giving the notice and, if the penalty has already been paid, must refund the penalty (see discussion below concerning applications for withdrawal)

               set out the name of the authorised infringement notice officer who issued the notice and the contact details of the person to whom enquiries concerning the notice may be directed.

Request for an extension of time in which to pay the penalty

    13.9   Generally, the penalty is required to be paid within 28 days after the notice is given. However, the ACMA may extend the time for payment (section 205Z).

    13.10    Requests for extensions of time must be received before the due date for payment and will be considered on a case-by-case basis.  Requests should be directed to the contact officer specified in the infringement notice in the first instance.

Withdrawal of an infringement notice

    13.11  As noted in paragraph 13.8 above, an infringement notice may be withdrawn by the ACMA. It may be withdrawn by the ACMA of its own volition or following a request for withdrawal from the recipient of the notice. To be effective, the withdrawal must occur within 28 days after the notice was given (subsection 205ZB(3)).

    13.12 Factors that may have a bearing on whether a notice should be withdrawn include whether there is further information or evidence which suggests that:
               the recipient of the notice did not breach the Act; or
               the conduct is more serious than initially believed and, as a consequence, the matter would be more appropriately dealt with by the court.

    13.13 The decision as to who should consider an application for withdrawal of a notice will be made in light of the facts of the case including the basis/reasons for the request. In most cases it will be the authorised infringement notice officer who gave the notice who will be best placed to consider the request. As the issuing officer, they will be aware of the factual issues and will be in a position to make an informed decision within the 28 days, taking into account the reasons for the request and any new information or facts presented, as to whether the information presented alters their belief that the person has contravened the relevant infringement notice provision.

    13.14 Requests for withdrawal should therefore be directed to the officer specified in the notice, in the first instance.

Effect of withdrawal of an infringement notice

    13.15 If the infringement notice is withdrawn after payment of