Document ID: chunk:federal_register_of_legislation:F2024C01119:front:0:p14
Version: federal_register_of_legislation:F2024C01119
Segment Type: other
Provision Reference: 
Character Range: 32500–35261

not an application is received under subsection (2) AMSA, if satisfied that in all the circumstances it is proper to do so, may withdraw an infringement notice.
       (2) Before the end of 28 days after receiving the infringement notice, the recipient may apply, in writing, to AMSA for it to be withdrawn.
       (3) Within 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.
       (4) In 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 a contravention of the same kind as that mentioned in the notice; and
(e) any other matter AMSA considers relevant to the decision.
       (5) If an infringement notice is withdrawn, any amount of infringement notice penalty paid under the notice must be repaid to the person who paid it.

31 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.

32 Payment of penalty if infringement notice not withdrawn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.

33 Effect of payment of infringement notice penalty
       (1) If a person who is given an infringement notice pays the infringement notice penalty in accordance with this Division:
(a) the person's liability for the contravention is discharged; and
(b) further civil proceedings cannot be taken against the person for the contravention; and
(c) the person is not taken to have done the contravention.
       (2) Subsection (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.

34 Admissions under subsection 30(2)
        Evidence of an admission made by a person in an application under subsection 30(2) is inadmissible in proceedings against the