Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p90
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 90/105)
Character Range: 611769–614484

notice withdrawing an infringement notice served on a person for an alleged offence:
 (a) must include the following information:
 (i) the full name, or surname and initials, and address of the person;
 (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 (b) must state that the notice is withdrawn; and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 alleged offence, must state that the person may be prosecuted in a court for the offence.

7.12  Refund of penalty
  If an infringement notice is withdrawn after the penalty stated in it has been paid, the Commonwealth must refund the amount of the penalty to the person who paid it.

7.13  Evidence of certain matters in relation to infringement notices
 (1) At the hearing of a prosecution for an offence in relation to which an infringement notice has been issued, a certificate of any of the following kinds, signed by or on behalf of the Secretary, is evidence of the facts stated in it:
 (a) a certificate stating that:
 (i) the infringement notice was served on the alleged offender; and
 (ii) the infringement notice penalty has not been paid in accordance with this Part;
 (b) a certificate stating that the notice was withdrawn on a day specified in the certificate;
 (c) a certificate stating that:
 (i) a further period was refused for payment of the infringement notice penalty; and
 (ii) the infringement notice penalty has not been paid in accordance with this Part;
 (d) a certificate stating that:
 (i) the further time mentioned in the certificate for payment of the infringement notice penalty was granted; and
 (ii) the infringement notice penalty was not paid in accordance with the notice or within the further time.
 (2) A certificate that purports to have been signed by or on behalf of the Secretary is presumed to have been so signed unless the contrary is proved.

7.14  Effect of certain admissions
  Evidence of an admission made by a person in an application under regulation 7.10 is not admissible in proceedings against the person for the relevant alleged offence unless the person introduces the application into evidence.

7.15  Matter not to be taken into account in determining sentence
  If a person to whom an infringement notice has been issued:
 (a) does not pay the infringement notice penalty; and
 (b) is prosecuted for, and convicted of, the alleged offence mentioned in the infringement notice;
the court must not, in determining the penalty to be imposed, take into account the fact that the person did not pay the infringement notice penalty.

Part 8—Reconsideration and review of decisions

8.01  Definitions
  In this Part:
ART means the