Commonwealth Consolidated Regulations

NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR REGULATIONS 2011 - REG 12

Representations seeking withdrawal of notice

  (1)   A person to whom an infringement notice has been given may make written representations to the National VET Regulator seeking the withdrawal of the notice.

Withdrawal of notice

  (2)   The National VET Regulator may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).

  (3)   When deciding whether or not to withdraw an infringement notice (the relevant infringement notice ), the National VET Regulator:

  (a)   must take into account any written representations seeking the withdrawal that were given by the person to the National VET Regulator; 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 an infringement notice under this Division that is included in the same Act or legislative instrument as the provision in relation to which the infringement notice is given;

  (ii)   the circumstances of the alleged contravention;

  (iii)   whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision subject to an infringement notice under this Division if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;

  (iv)   any other matter the National VET Regulator considers relevant.

Notice of withdrawal

  (4)   If the National VET Regulator withdraws an infringement notice given to a person, the National VET Regulator must give notice to the person of the withdrawal. The withdrawal notice must state:

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

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

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

  (d)   that the infringement notice is withdrawn; and

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

  (5)   The notice may include any other matters the National VET Regulator considers necessary.

Refund of amount if infringement notice withdrawn

  (6)   If:

  (a)   the National VET Regulator withdraws the infringement notice; and

  (b)   the person has already paid the amount stated in the notice;

the Commonwealth must refund to the person an amount equal to the amount paid.

Notice of refusal to withdraw an infringement notice

  (7)   If the National VET Regulator refuses to withdraw an infringement notice given to a person, the National VET Regulator must give notice of the decision to refuse to the person. The refusal notice must state:

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

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

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

  (d)   that the infringement notice is not withdrawn; and

  (e)   that the period referred to in paragraph   10(h) is extended to the period ending 28 days after the day the notice of the refusal is given.

Period for payment extended

  (8)   If the National VET Regulator refuses to withdraw an infringement notice, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph   10(h) is taken to be a reference to the period ending 28 days after the day the notice of the refusal is given.