Victorian Numbered Acts Victorian Numbered Acts(1) An enforcement agency may withdraw an infringement notice by serving a withdrawal notice on the person served with the infringement notice—
(a) in the case of a lodgeable infringement offence, at any time before an enforcement order is made; and
(b) in the case of any other infringement offence, at any time before the expiry of the period for bringing a proceeding in relation to the offence to which the infringement notice relates.
(2) Subject to sub-section (4), without limiting sub-section (1), an enforcement agency may withdraw an infringement notice if the enforcement agency determines that—
(a) an official warning should be served on the person rather than an infringement notice; or
(b) proceedings are to be commenced against the person in respect of the infringement offence for which the infringement notice had been served; or
(c) the matter should be abandoned.
(3) Subject to sub-section (4), an infringement notice may be withdrawn even if the infringement penalty and prescribed costs (if any) have been paid.
(4) In the case of an infringement notice in respect of an infringement offence requiring additional steps to be taken, the infringement notice cannot be withdrawn for the purposes of commencing proceedings against the person in respect of the offence for which the infringement notice had been served if the person on whom the infringement notice was served—
(a) has paid the infringement penalty and prescribed costs (if any); and
(b) has taken all the required additional steps.
(5) If an infringement notice is withdrawn, the amount of any infringement penalty and any prescribed costs paid must be refunded and—
(a) if the penalty and costs (if any) have been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or
(b) if the penalty and costs (if any) have been paid into another fund or account, the penalty and costs (if any) are to be refunded from that fund or account.
(6) This section does not apply to infringement offences to which the following provisions apply—
(a) sections 88, 89 and 89A to 89D of the Road Safety Act 1986 ;
(b) section 215C of the Transport Act 1983 ;
(c) sections 61A and 61BA of the Marine Act 1988 .