296CCan an infringement notice be withdrawn?

#### 296C Can an infringement notice be withdrawn? (1) An authorised person may withdraw an infringement notice served on a person (in this regulation called the recipient) by serving written notice of the withdrawal on the recipient: (a) within 28 days after the date of service of the infringement notice; or (b) if an authorised person allows the recipient a further period of time in which to pay the prescribed penalty for the offence mentioned in the notice—before the end of the further period. (2) Without limiting the generality of subregulation (1), the authorised person may withdraw the infringement notice after taking into account: (a) whether the recipient has previously been convicted of an offence against these Regulations; or (b) the circumstances in which the offence specified in the notice is alleged to have been committed; or (c) whether an infringement notice has previously been served on the recipient in relation to an offence of the same type as the offence specified in the notice and in relation to which the recipient paid the prescribed penalty; or (d) any other relevant matter. (3) If: (a) the recipient pays the prescribed penalty within 28 days after the date of service of the notice, or within any further period (not being more than 28 days) allowed by an authorised person (whether before or after the end of the first 28 day period); and (b) the notice is withdrawn after the recipient pays the penalty; CASA must refund to the recipient an amount equal to the amount paid.