Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 5.26

Can an infringement notice be withdrawn?

             (1)  If an infringement notice has been served on a person, an authorised officer may withdraw it by notice in writing served on the person in accordance with these Regulations, at any time before:

                     (a)  the end of 28 days after the date of service of the notice; or

                     (b)  if a further period has been allowed under regulation 5.24--the end of that further period.

             (2)  An infringement notice for:

                     (a)  an alleged offence against section 229 or 230 of the Act; or

                     (b)  an alleged contravention of a civil penalty provision;

must not be withdrawn under subregulation (1) after the expiry of 3 months commencing on the day on which the notice was served.



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