139Withdrawal of infringement notice

139 Withdrawal of infringement notice (1) With or without an application under subregulation (2), the Secretary may withdraw an infringement notice. (2) Before the end of 28 days after receiving an infringement notice, a person may apply, in writing, to the Secretary for the infringement notice to be withdrawn. (3) The Secretary must: (a) withdraw or refuse to withdraw the notice; and (b) tell the applicant in writing of the decision and, if the decision is a refusal, the reasons for it. (4) Before withdrawing or refusing to withdraw a notice, the Secretary must consider: (a) whether the person has been convicted previously of an offence against these Regulations; and (b) the circumstances of the offence stated in the notice; and (c) whether the person has previously paid a penalty under an infringement notice issued to the person for an offence of the same type as the offence mentioned in the notice; and (d) any other matter the Secretary considers relevant to the particular case.