90Withdrawal of an infringement notice

90  Withdrawal of an infringement notice

Representations seeking withdrawal of notice

 (1) A person to whom an infringement notice has been given in relation to an alleged offence at an airport may make written representations to the notice authority for the airport in relation to the alleged offence seeking the withdrawal of the notice.

Withdrawal of notice

 (2) The notice authority for an airport in relation to offences against a provision may withdraw an infringement notice given to a person for an alleged offence at the airport against the provision, whether or not the person has made written representations seeking the withdrawal.

 (3) When deciding whether or not to withdraw an infringement notice (the relevant infringement notice), the notice authority in relation to the alleged offence for which the notice was issued:

 (a) must take into account any written representations seeking the withdrawal that were given by the person to the notice authority; and

 (b) may take into account the following:

 (i) the circumstances of the alleged offence;

 (ii) whether a court has previously imposed a penalty on the person for an offence against a provision subject to an infringement notice;

 (iii) whether the person has paid an amount, stated in an earlier infringement notice, for commission of an alleged offence if the previous alleged offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the offence in the relevant infringement notice;

 (iv) any other matter the notice authority considers relevant.

 (4) Notice of the withdrawal of the infringement notice must be given to the person. The withdrawal notice must state:

 (a) the person’s name and address; and

 (b) the day the infringement notice was given; and

 (c) the identifying number of the infringement notice; and

 (d) that the infringement notice is withdrawn; and

 (e) that the person may be prosecuted in a court for the alleged offence.

 (5) The notice of withdrawal may be given to the person in any way that the infringement notice could have been given under section 88, other than as provided in subsection 88(3).

Refund of amount if infringement notice withdrawn

 (6) If:

 (a) the notice authority withdraws the infringement notice; and

 (b) the person has already paid the amount stated in the notice;

the notice authority must, on behalf of the Commonwealth, refund to the person an amount equal to the amount paid.