Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 277

Representations seeking withdrawal of notice

  (1)   A person to whom a forfeiture notice has been given may make written representations to the ACMA seeking the withdrawal of the notice.

Withdrawal of notice

  (2)   The ACMA may withdraw a forfeiture notice given to a person, so long as the thing to which the notice relates has not been forfeited to the Commonwealth.

Note:   For forfeiture, see section   280.

  (3)   For the purposes of subsection   (2), it is immaterial whether the person has made representations seeking the withdrawal of the notice.

  (4)   In deciding whether or not to withdraw a forfeiture notice (the relevant forfeiture notice ), the ACMA:

  (a)   must take into account any written representations seeking the withdrawal that were given by the person to the ACMA; and

  (b)   may take into account the following:

  (i)   whether a court has previously imposed a penalty on the person for a contravention of a provision subject to a forfeiture notice under this Division;

  (ii)   the circumstances of the alleged contravention or contraventions;

  (iii)   whether the person has paid an amount, stated in an infringement notice under Part   5 of the Regulatory Powers Act, for a contravention that is constituted by conduct that is substantially the same as the conduct alleged to constitute a contravention in the relevant forfeiture notice;

  (iv)   whether the owner of the thing has agreed to forfeit another thing to the Commonwealth, in accordance with another forfeiture notice, for a contravention that is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute a contravention in the relevant forfeiture notice;

  (v)   any other matter the ACMA considers relevant.

Notice of withdrawal

  (5)   Notice of the withdrawal of a forfeiture notice must be given to the person to whom the forfeiture notice was given. The withdrawal notice must state:

  (a)   the person's name and address; and

  (b)   the day the forfeiture notice was given; and

  (c)   the identifying number of the forfeiture notice; and

  (d)   that the forfeiture notice is withdrawn; and

  (e)   that proceedings seeking a civil penalty order or orders may be brought in relation to the alleged contravention or contraventions.