No proceedings may be taken by the AER against a person on whom an infringement notice was served in respect of an alleged breach of a civil penalty provision if—
(a) the infringement penalty is—(i) paid within the time for payment stated in the notice; and(ii) not withdrawn by the AER within the time for payment stated in the notice in accordance with section 79 ; or
(b) the infringement penalty is accepted in accordance with section 78 .