Document ID: chunk:federal_register_of_legislation:F2022L00250:body:0:p5
Version: federal_register_of_legislation:F2022L00250
Segment Type: other
Provision Reference: 
Character Range: 11435–14300

days after the notice is given. However, the ACMA may extend the time for payment (paragraph 572F(1)(d) of the Telecommunications Act).

    9.9  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

    9.10  An infringement notice may be withdrawn by the ACMA of its own volition or following a request for withdrawal from the recipient of the notice.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 572H(3) of the Telecommunications Act). A request for withdrawal should be made as early as possible to allow sufficient time for the request to be considered and a decision made within the 28 days after the notice was given.

    9.11 Factors that may have a bearing on whether a notice should be withdrawn may include whether there is further information or evidence which suggests that: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

    9.12 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 civil penalty provision.

    9.13 Requests for withdrawal should therefore be directed in the first instance to the authorised infringement notice officer named in the notice.

Effect of withdrawal of an infringement notice

    9.14 If the infringement notice is withdrawn after payment of the penalty, the penalty paid will be refunded.

    9.15 If an infringement notice is withdrawn, the ACMA will consider whether further action is appropriate. That action may include the institution of civil penalty proceedings with respect to the alleged contravention or contraventions that were the subject of the infringement notice (subparagraph 572K(b)(iii) of the Telecommunications Act). What further action is appropriate, if any, will turn on the facts of the case.

    Publication

    9.16 The ACMA's general approach to publication of infringement notices