NSWIn ForceAct
Fines Act 1996
46Application for withdrawal of penalty notice enforcement order
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#### 46 Application for withdrawal of penalty notice enforcement order
46 Application for withdrawal of penalty notice enforcement order
> > (1) A person against whom a penalty notice enforcement order is made may apply to the Commissioner for the withdrawal of the order.
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> > (2) An application for withdrawal is to be made in the approved form and may be made by or on behalf of the person against whom the penalty notice enforcement order was made.
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> > (3) A person may not make more than one application under this section in relation to the same matter, except with the leave of the Commissioner.
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> > (4) The Commissioner is to decide whether or not to withdraw a penalty notice enforcement order in the absence of the parties, unless the Commissioner otherwise determines.
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> > (5) The Commissioner must give notice of a decision about an application for the withdrawal of a penalty notice enforcement order to all parties.
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> **s 46:** Am 1998 No 35, Sch 1 \[16\]; 2004 No 43, Sch 1 \[15\]; 2008 No 110, Sch 1 \[18\]; 2009 No 51, Sch 2 \[5\]; 2013 No 82, Sch 1 \[5\] \[10\] \[15\]; 2016 No 13, Sch 1 \[5\]. Rep 2019 No 13, Sch 1\[36\]. Ins 2019 No 13, Sch 1\[38\].