Document ID: chunk:federal_register_of_legislation:C2012A00054:clause:3_61br:p2
Version: federal_register_of_legislation:C2012A00054
Segment Type: clause
Provision Reference: sch 3 cl 61BR (pt 2/2)
Character Range: 61457–62479

set out how the notice can be withdrawn; and
 (m) state that if the notice is withdrawn:
 (i) if the provision is an offence provision and does not also constitute a civil penalty provision—the person may be prosecuted in a court for the alleged contravention; or
 (ii) if the provision is an offence provision and can also constitute a civil penalty provision—the person may be prosecuted in a court, or proceedings seeking a civil penalty order may be brought, in relation to the alleged contravention; or
 (iii) if the provision is a civil penalty provision—proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and
 (n) state that the person may make written representations to the Authority seeking the withdrawal of the notice.
 (2) For the purposes of paragraph (1)(f), the amount to be stated in the notice for the alleged contravention of the provision must be equal to one‑fifth of the maximum penalty that the court could impose on the person for that contravention.