Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:6:p34
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 6 (pt 34/38)
Character Range: 841330–843975

the period of 28 days after the date of service of the notice has expired.

5.25  What happens if the infringement notice penalty is paid?
  If the person on whom an infringement notice is served pays the infringement notice penalty in relation to the alleged offence or the alleged contravention of a civil penalty provision before:
 (a) the end of:
 (i) the period of 28 days after the date of service of the notice; or
 (ii) if a further period has been allowed under regulation 5.24—that further period; or
 (b) the notice is withdrawn;
whichever happens first, then:
 (c) any liability of the person in respect of the alleged offence or the alleged contravention of the civil penalty provision is discharged; and
 (d) no further proceedings may be taken in respect of the alleged offence or the alleged contravention of the civil penalty provision; and
 (e) the person is not to be taken to have been convicted of the alleged offence.

5.26  Can an infringement notice be withdrawn?
 (1) If an infringement notice has been served on a person, an authorised officer may withdraw it by notice in writing served on the person in accordance with these Regulations, at any time before:
 (a) the end of 28 days after the date of service of the notice; or
 (b) if a further period has been allowed under regulation 5.24—the end of that further period.
 (2) An infringement notice for:
 (a) an alleged offence against section 229 or 230 of the Act; or
 (b) an alleged contravention of a civil penalty provision;
must not be withdrawn under subregulation (1) after the expiry of 3 months commencing on the day on which the notice was served.

5.27  Refund of infringement notice penalty if notice withdrawn
  If:
 (a) an infringement notice has been served on a person; and
 (b) the person has paid the infringement notice penalty in accordance with the notice; and
 (c) the notice is subsequently withdrawn;
an authorised officer must arrange for the refund to the person of an amount equal to the amount so paid.

5.28  Evidence
 (1) In the hearing of proceedings for:
 (a) a prosecution for an offence specified in an infringement notice; or
 (b) an application for a pecuniary penalty order in relation to a contravention of a civil penalty provision specified in an infringement notice;
a certificate signed by an authorised officer and stating a matter mentioned in subregulation (2) is evidence of the matter.
 (2) The matter is that:
 (a) the authorised officer did not allow further time for payment of the infringement notice penalty and the penalty was not paid within 28 days after the date of service of the infringement notice; or
 (b)