75Withdrawal of infringement notice

75 Withdrawal of infringement notice

Representations seeking withdrawal of notice (1) A person to whom an infringement notice has been given may make written representations to the Secretary seeking the withdrawal of the notice. Withdrawal of notice (2) The Secretary may withdraw the infringement notice (whether or not the person has made written representations seeking the withdrawal). (3) When deciding whether or not to withdraw the infringement notice, the Secretary: (a) must take into account any written representations seeking the withdrawal; and (b) may take into account the following: (i) whether the person has been convicted previously of an offence against Part 5 of the Act; (ii) the circumstances of the alleged contravention; (iii) whether another infringement notice has previously been given to the person for an offence constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the alleged contravention; (iv) any other matter the Secretary considers relevant. Notice of decision (4) The Secretary must give the person notice, in writing, of a decision under subsection (2). (5) If the decision is to withdraw the infringement notice, the notice of the decision must state the following: (a) the person’s name and address; (b) the day the infringement notice was given; (c) the identifying number of the infringement notice; (d) that the infringement notice is withdrawn; (e) that the person may be prosecuted in a court for the alleged contravention. (6) If the decision is to refuse to withdraw the infringement notice, the notice of the decision must: (a) state the following: (i) the information mentioned in paragraphs (5)(a) to (c); (ii) that, if the amount of the infringement notice penalty is paid within the period specified in section 73, the person will not be prosecuted for the alleged offence; (iii) that, if that amount is not so paid, the person may be prosecuted for the alleged offence; and (b) be accompanied by the reasons for the decision. Refund of amount if infringement notice withdrawn (7) If: (a) the Secretary withdraws the infringement notice; and (b) the person has already paid the amount stated in the notice; the Commonwealth must refund to the person an amount equal to the amount paid. Representations not admissible (8) Evidence or information that the person gives to the Secretary in the course of making representations under subsection (1) is not admissible in evidence against the person in any proceedings (other than proceedings for an offence based on the evidence or information given being false or misleading).