Competition and Consumer Act 2010
58FUWithdrawal of an infringement notice
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58FU Withdrawal of an infringement notice
Representations to the SPF regulator
(1) A person to whom an SPF infringement notice has been issued:
(a) by an inspector of an SPF regulator; and
(b) for an alleged contravention of a civil penalty provision;
may make written representations to the SPF regulator seeking the withdrawal of the notice.
(2) Evidence or information that:
(a) the person; or
(b) a representative of the person;
gives to the SPF regulator in the course of making representations under subsection (1) is not admissible in evidence against the person or representative in any proceedings (other than proceedings for an offence based on the evidence or information given being false or misleading).
Withdrawal by the SPF regulator
(3) If an inspector of an SPF regulator issues an SPF infringement notice to a person, the SPF regulator may, by giving written notice (a withdrawal notice) to the person, withdraw the SPF infringement notice if the SPF regulator is satisfied that it is appropriate to do so.
(4) Subsection (3) applies whether or not the person has made representations seeking the withdrawal.
Content of withdrawal notices
(5) The withdrawal notice must state:
(a) the name and address of the person; and
(b) the day on which the SPF infringement notice was issued to the person; and
(c) that the SPF infringement notice is withdrawn; and
(d) that proceedings for an SPF civil penalty order may be started or continued against the person in relation to the alleged contravention of the civil penalty provision.
Time limit for giving withdrawal notices
(6) To be effective, the withdrawal notice must be given to the person within the infringement notice compliance period for the SPF infringement notice.
Refunds
(7) If an SPF regulator withdraws an SPF infringement notice given to a person after the person has paid the penalty specified in the SPF infringement notice, the SPF regulator must refund to the person an amount equal to the amount paid.