Document ID: chunk:federal_register_of_legislation:F2024L01068:body:0:p6
Version: federal_register_of_legislation:F2024L01068
Segment Type: other
Provision Reference: 
Character Range: 14628–17699

of the penalty should allow sufficient time for the authorised infringement notice officer's consideration of the request for a longer compliance period. Generally speaking, requests should be made no later than two weeks before the payment due date.

          2.    Requests should be directed to the contact officer specified in the infringement notice in the first instance.

          3.    The ACCC will notify the recipient in writing of its decision whether or not to grant a longer period for payment of the penalty.

  Withdrawal of an infringement notice
     1.    An infringement notice may be withdrawn by an authorised infringement notice officer. To be effective, the withdrawal must occur within 28 days after the notice was given (withdrawal period).

     2.    The recipient of an infringement notice may request that the infringement notice be withdrawn.

     3.    Requests for withdrawal should be directed in the first instance to the contact officer specified in the infringement notice.

     4.          Any request to withdraw an infringement notice:

          1.     must be made within the withdrawal period;

          2.     must be in writing;

          3.     must include the reasons the withdrawal is sought; and

          4.     may include additional evidence or information that may assist the infringement notice officer in deciding whether or not to withdraw the notice.

          1.          The infringement notice recipient should allow sufficient time for ACCC consideration and possible withdrawal of the infringement notice when submitting a request for withdrawal. This is because, to be effective, the withdrawal of an infringement notice by the ACCC must occur within the withdrawal period. Generally speaking, requests should be made no later than two weeks before the end of the withdrawal period.

          2.          The authorised infringement notice officer will only withdraw the infringement notice within the 28-day period if they are satisfied it is appropriate to do so. The authorised infringement notice officer will decide, based on the information provided as part of the request and the information the ACCC already has, whether or not to withdraw the infringement notice.

          3.          As the penalty amount is set out in section 572G of the Telecommunications Act, the ACCC is unable to alter the penalty amount set out in any infringement notice.

  Effect of withdrawal of an infringement notice
     1.          If the infringement notice is withdrawn after payment of the penalty, the penalty paid will be refunded.

     2.          If an infringement notice is withdrawn, the ACCC will consider on a case-by-case basis 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(s).

   1.    Effect of an infringement notice
  Effect of payment of an infringement notice
     1.          If the penalty is paid in full to