Commonwealth Consolidated Regulations

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MIGRATION AGENTS REGULATIONS 1998 - REG 3O

Refund of penalty if notice withdrawn

    If:

  (a)   an infringement notice has been served on a person; and

  (b)   the person has paid the penalty in accordance with the notice, or within any further period allowed under regulation   3L; and

  (c)   the notice has been withdrawn;

an authorised officer must arrange for the refund to the person of an amount equal to the amount paid.

Note:   In accordance with subregulation   3M(5), if an amount is refunded to a person under regulation   3O in respect of a penalty paid in accordance with an infringement notice that has been withdrawn, regulation   3M does not apply in relation to the alleged offence for which the infringement notice was issued. Accordingly, the person's liability in relation to the alleged offence is not discharged, further proceedings may be taken in relation to the alleged offence and the person may be convicted of the alleged offence.



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