150Whether infringement notice can be withdrawn

#### 150 Whether infringement notice can be withdrawn (1) The Secretary or an authorised person may withdraw an infringement notice served on a person (in this regulation called the recipient) within the allowed period for the notice. (2) Without limiting the grounds for withdrawing an infringement notice, the Secretary or authorised person may withdraw the infringement notice after taking into account: (a) whether the recipient has previously been convicted of an infringement notice offence of the same kind as the offence alleged in the notice; or (b) the circumstances in which the offence alleged in the notice is alleged to have been committed; or (c) whether an infringement notice has previously been served on the recipient for an infringement notice offence, and whether the recipient paid the notice penalty for that offence; or (d) any other relevant matter. (3) The Secretary must refund to the recipient an amount equal to the amount paid if: (a) the recipient pays the notice penalty within the allowed period for the notice; and (b) the notice is withdrawn after the recipient pays the penalty. (4) If an infringement notice is withdrawn, written notice of the withdrawal must be served on the person to whom the notice was issued, and may be served on the person in any way that the infringement notice could have been served on the person.