Commonwealth Numbered Regulations

EDUCATION SERVICES FOR OVERSEAS STUDENTS REGULATIONS 2019 (F2019L00571) - REG 20

             (1)  If:

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

                     (b)  the ESOS agency for the provider is satisfied that in all the circumstances it is proper to do so;

the ESOS agency may withdraw the notice (whether or not the ESOS agency has received a notice under paragraph 16(2)(h)).

             (2)  If, before the end of 28 days after receiving an infringement notice, a provider gives the ESOS agency for the provider notice under paragraph 16(2)(h), the ESOS agency must decide whether to withdraw the infringement notice.

             (3)  The ESOS agency must:

                     (a)  withdraw, or refuse to withdraw, the notice; and

                     (b)  give the provider written notice of the decision; and

                     (c)  if the decision is a refusal--mention in the notice the reasons for refusal.

             (4)  If the ESOS agency decides to refuse to withdraw an infringement notice, notice of that decision must state that:

                     (a)  if the amount of the infringement notice penalty is paid within 28 days after notice of the decision is given to the provider, the provider will not be prosecuted for the alleged offence; and

                     (b)  if that amount is not paid in accordance with paragraph (a), the provider may be prosecuted for the alleged offence.

             (5)  In making a decision, the ESOS agency must consider:

                     (a)  the facts or matters (if any) of which the provider notifies the ESOS agency in response to the infringement notice as mentioned in paragraph 16(2)(h); and

                     (b)  the circumstances in which the offence mentioned in the notice is alleged to have been committed; and

                     (c)  whether the provider has been convicted previously of an offence to which section 106 of the Act applies; and

                     (d)  whether an infringement notice has previously been given to the provider for an offence of the same kind as the offence mentioned in the notice; and

                     (e)  any other matter the ESOS agency considers relevant to the decision.

Note:          Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.