Document ID: chunk:federal_register_of_legislation:F2024C01131:front:0:p10
Version: federal_register_of_legislation:F2024C01131
Segment Type: other
Provision Reference: 
Character Range: 22318–25072

notice
       (1) Whether or not an application is made under subsection (2), the National Regulator, 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after receiving the infringement notice, the recipient may apply, in writing, to the National Regulator for it to be withdrawn.
       (3) Within 28 days after receiving the application, the National Regulator 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, the National Regulator must consider:
(a) the facts or matters mentioned in the application; and
(b) the circumstances in which the offence mentioned in the notice is alleged to have been committed; and
(c) unless the application is only based on the validity of the infringement notice:
 (i) whether the person has been convicted previously of an offence mentioned in Schedule 1; and
 (ii) whether an infringement notice has previously been given to the person for an offence of the same kind as the offence mentioned in the notice; and
(d) any other matter the National Regulator 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       (5) If an infringement notice is withdrawn, any amount of infringement notice penalty paid under the notice must be repaid to the person who paid it.

30 Notice of refusal
        If the National Regulator 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 offence; and
(b) that if the amount is not paid, the person may be prosecuted for the alleged offence.

31 Payment of penalty if infringement notice not withdrawn
        If the National Regulator 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 of payment of infringement notice penalty
       (1) If a person is given an infringement notice and pays the infringement notice penalty in accordance with this Division:
(a) the person's criminal liability for the offence is discharged; and
(b) further proceedings cannot be taken against the person for the offence; and
(c) the person is not convicted of the offence.
       (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.

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