85Withdrawal of an infringement notice

85  Withdrawal of an 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 an infringement notice given to a person (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 Secretary:

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

 (b) may take into account the following:

 (i) whether a court has previously imposed a penalty on the person for a contravention of a provision subject to an infringement notice under this Part;

 (ii) the circumstances of the alleged contravention;

 (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision subject to an infringement notice under this Part if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;

 (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 (d) that the infringement notice is withdrawn;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 referred to in paragraph 83(1)(h), 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Refund of amount if infringement notice withdrawn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: