47Grounds for withdrawal of penalty notice enforcement order

47 Grounds for withdrawal of penalty notice enforcement order

47 Grounds for withdrawal of penalty notice enforcement order

(1) The Commissioner may, on application under section 46 or the Commissioner’s own initiative, withdraw a penalty notice enforcement order on any of the following grounds—

(a) a fine to which the penalty notice enforcement order applies has previously been the subject of a penalty notice enforcement order in respect of which any enforcement action has been taken,

(b) the person named in the penalty notice enforcement order is not the same person as the person in respect of whom a fine to which the order applies was imposed,

(c) the order relates to the owner of a vehicle or vessel, being a vehicle or vessel involved in an offence the subject of the fine at a time when the owner was not the owner of the vehicle or vessel concerned,

(d) the penalty notice for the fine to which it applies is withdrawn by the Commissioner under an arrangement under section 114,

(e) the person was not aware that a penalty notice had been issued until notice of the order was served, but only in the case of an application for withdrawal that is made within a reasonable time after that service,

(f) the person was otherwise hindered by accident, illness, misadventure or other cause from taking action in relation to the penalty notice, but only in the case of an application for withdrawal that is made within a reasonable time after the person ceased being so hindered,

(g) the penalty reminder notice in relation to a particular offence was, or both the penalty notice and the penalty reminder notice were, returned as being undelivered to its sender after being sent to the person at the person’s recently reported postal address (within the meaning of section 126A) and notice of the order was served on the person at a different postal address,

(h) the Commissioner is satisfied that a question or doubt arises as to the person’s liability for the penalty or other amount concerned,

(i) the Commissioner is satisfied that there is other just cause why the application should be granted, having regard to the circumstances of the case.

Note 1.

The Commissioner may, on the Commissioner’s own initiative, withdraw a penalty notice enforcement order under this section if an approved nomination notice in respect of the penalty notice to which the penalty notice enforcement order applies is provided to an appropriate officer under section 38 out of time.