Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Decision whether to withdraw infringement notice

         (1)   The Regulator may, without having received a statement of matters for consideration from a person, withdraw an infringement notice served on the person if he or she is satisfied that in all the circumstances it is proper to do so.

Note    For statement of matters for consideration , see paragraph 8 (1) (i).

         (2)   If the Regulator withdraws an infringement notice, he or she must give written notice of the decision to the person concerned.

         (3)   If, before the end of 28 days after receiving an infringement notice, a person gives the Regulator a statement of matters for consideration, the Regulator must:

                (a)    decide whether to withdraw, or refuse to withdraw, the infringement 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 Regulator 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 person, the person will not be prosecuted for the alleged offence; and

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

         (5)   If:

                (a)    a person pays an infringement notice penalty within 28 days after service of the notice, or within any further period allowed by the Regulator; and

               (b)    the notice is withdrawn after the person pays the penalty;

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

         (6)   In making a decision whether to withdraw an infringement notice, the Regulator must consider:

                (a)    the facts or matters set out in any statement of matters for consideration; 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 the Act; 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 Regulator 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.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback