Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p89
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 89/105)
Character Range: 609382–612022

period sought; and
 (b) notify the recipient in writing of the decision and, if the decision is a refusal, the reasons for it.
 (3) Notice of the decision may be served on the recipient in any way in which the infringement notice could have been served on the recipient.

7.09  Effect of payment of penalty
 (1) If an infringement notice is not withdrawn, and the person to whom it is issued for an alleged offence pays the penalty stated in the notice:
 (a) any liability of the person for the alleged offence is discharged; and
 (b) the person may not be prosecuted in a court for the alleged offence; and
 (c) the person is not taken to have been convicted of the alleged offence.
 (2) If 2 or more infringement notices are issued to a person for the same alleged offence, the person's liability to be prosecuted for the offence ceases if the person pays the penalty stated in any of the notices.

7.10  Withdrawal of infringement notice
 (1) Before the end of 28 days after receiving an infringement notice, a person may apply, in writing, to the Secretary for the infringement notice to be withdrawn.
 (2) Within 14 days after receiving the application, the Secretary must:
 (a) withdraw or refuse to withdraw the notice; and
 (b) notify the person in writing of the decision and, if the decision is a refusal, the reasons for the decision.
 (3) If the Secretary has not approved, or refused to approve, the withdrawal of the notice within the period allowed by subregulation (2), the Secretary is taken to have refused to approve the withdrawal of the notice.
 (4) Before withdrawing or refusing to withdraw a notice, the Secretary must consider:
 (a) whether the person has been convicted previously of an offence against the Act or these Regulations; and
 (b) the circumstances of the alleged offence stated in the notice; and
 (c) whether the person has previously paid a penalty under an infringement notice issued to the person for an alleged offence of the same type as the alleged offence mentioned in the notice; and
 (d) any other relevant matter.
 (5) The Secretary may also withdraw an infringement notice without an application having been made.

7.11  Notice of withdrawal of infringement notices
 (1) Notice of the withdrawal of an infringement notice may be served on a person in any way in which the infringement notice could have been served on the person.
 (2) A 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)