Document ID: chunk:federal_register_of_legislation:F2016C00739:schedule:3:p62
Version: federal_register_of_legislation:F2016C00739
Segment Type: schedule
Provision Reference: sch 3 (pt 62/63)
Character Range: 167334–169996

address of the person;
 (ii) the number of the notice;
 (iii) the date of service of the notice; and
 (b) state that the notice is withdrawn; and
 (c) if an authorised officer intends to bring a prosecution against the person in a court for the offence—state that a prosecution may be brought against the person in a court for the offence.
 (2) If the person has already paid the penalty specified in the notice, the Competent Authority must refund it.
Note: Subsection 38(3) of the Act permits an infringement notice to be withdrawn.

21.7  Effect of Part
 (1) This Part does not:
 (a) require an infringement notice to be served on a person for an offence; or
 (b) affect the liability of a person to be prosecuted for an offence if an infringement notice is not served on the person for the offence; or
 (c) prevent the service of 2 or more infringement notices on a person for an offence; or
 (d) affect the liability of a person to be prosecuted for an offence if the person does not comply with an infringement notice for the offence; or
 (e) limit or otherwise affect the penalty that may be imposed by a court on a person convicted of an offence.
 (2) However, if the person on whom an infringement notice is served for an offence pays the penalty specified in the notice:
 (a) any liability of the person for the offence is discharged; and
 (b) the person may not be prosecuted in a court for the offence; and
 (c) the person is not taken to have been convicted of the offence.

Part 22—Reconsideration and review of decisions

22.1  Application of Part
  This Part applies to the following decisions made by the Competent Authority:
 (a) a decision under regulation 1.18 about an administrative determination;
 (b) a decision under regulation 3.8, 4.25 or 4.26;
 (c) a decision under regulation 4.27 about an administrative determination;
 (d) a decision under regulation 6.5, 9.8, 10.9 or 11.9;
 (e) a decision under regulation 13.7 about an administrative determination;
 (f) a decision under regulation 18.11, 18.13, 18.21, 18.23, 18.33, 19.2, 19.4, 19.5 or 20.2.

22.2  Who may apply for reconsideration of decisions
 (1) A person whose interests are affected by a decision may apply in writing to the Competent Authority for reconsideration of the decision.
 (2) However, a person whose interests are affected by a decision under regulation 10.9 that is given orally may apply to the Competent Authority orally for reconsideration of the decision.

22.3  Applications for reconsideration
 (1) An application must be made within:
 (a) 28 days after the day when the person was informed of the decision by the Competent Authority; or
 (b) a longer