Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p96
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 96/100)
Character Range: 289119–291797

of 28 days after receiving an infringement notice, a person may apply, in writing, to the Secretary for the infringement notice to be withdrawn.
 (2) The application must set out the facts or matters that the person believes the Secretary should take into account in relation to the offence alleged in the infringement notice.
 (3) Within 14 days after receiving the application, the Secretary must:
 (a) withdraw or refuse to withdraw the notice; and
 (b) notify the person in writing of the decision and, if the decision is a refusal, the reasons for the decision.
 (4) If the Secretary has not approved, or refused to approve, the withdrawal of the notice within the period allowed by subregulation (3), the Secretary is taken to have refused to approve the withdrawal of the notice.
 (5) Before withdrawing or refusing to withdraw a notice, the Secretary must consider:
 (a) whether the person has been convicted previously of an offence against the Act or these Regulations; and
 (b) the circumstances of the offence stated in the notice; and
 (c) whether the person has previously paid a penalty under an infringement notice issued to the person for an offence of the same type as the offence mentioned in the notice; and
 (d) any other relevant matter.
 (6) The Secretary may also withdraw an infringement notice on his or her own initiative.

11.60  Notice of withdrawal of infringement notices
 (1) Notice of the withdrawal of an infringement notice may be served on a person in any way in which the infringement notice could have been served on the person.
 (2) A notice withdrawing an infringement notice:
 (a) must include the following information:
 (i) the full name, or surname and initials, and address of the person on whom the infringement notice was served;
 (ii) the number of the infringement notice;
 (iii) the date of issue of the infringement notice; and
 (b) must state that the notice is withdrawn; and
 (c) if the Secretary intends to prosecute the person in a court for the relevant offence, must state that the person may be prosecuted in a court for the offence.

11.65  Refund of penalty etc if infringement notice withdrawn
 (1) If an infringement notice is withdrawn after the penalty stated in it has been paid:
 (a) the Commonwealth must refund the amount of the penalty to the person who paid it; and
 (b) any demerit points accrued because of the payment are cancelled.
 (2) If the cancelled demerit points had been accumulated in respect of a ship, the number of demerit points accumulated in respect of the ship decreases by that number of demerit points.

11.70  Evidence of certain matters in relation to infringement notices
 (1) At the