Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Whether or not a notice is received under subregulation (2), the Secretary, if satisfied that in all the circumstances it is proper to do so, may withdraw an infringement notice.
(2) If, before the end of 28 days after receiving an infringement notice, a person gives the Secretary notice under paragraph 8.03(2)(h), the Secretary must decide whether to withdraw the infringement notice.
(3) The Secretary must:
(a) withdraw, or refuse to withdraw, the notice; and
(b) give the applicant written notice of the decision; and
(c) if the decision is a refusal--mention in the notice the reasons for refusal.
(4) If the Secretary decides to refuse to withdraw an infringement notice, notice of that decision must state:
(a) that if the amount of the infringement notice penalty is paid within 28 days after notice of the decision is given to the person, the person will not be prosecuted for the alleged offence; and
(b) that if that amount is not so paid, the person may be prosecuted for the alleged offence.
(5) In making a decision, the Secretary must consider:
(a) the facts or matters set out in the notice (if any) given under paragraph 8.03(2)(h); and
(b) the circumstances in which the offence mentioned in the notice is alleged to have been committed; and
(c) whether the person has been convicted previously of an offence against these Regulations; and
(d) whether an infringement notice has previously been given to the person for an offence of the same kind as the offence mentioned in the notice; and
(e) any other matter the Secretary considers relevant to the decision.