196Withdrawal of infringement notices

#### 196 Withdrawal of infringement notices (1) The Authority may withdraw an infringement notice served on a person on its own initiative by giving written notice of the withdrawal to the person: (a) before the end of 28 days after the day the infringement notice was served on the person; or (b) if the Authority grants, under regulation 194, a further period for payment of the infringement notice penalty by the person—before the end of the further period. (2) If the Authority receives a notice from a person under regulation 195, the Authority must: (a) decide to withdraw, or refuse to withdraw, the infringement notice; and (b) give the person written notice of the decision in accordance with subregulation (4). (3) In making a decision under subregulation (1) or (2), the Authority must consider: (a) if a notice has been given under regulation 195—the facts or matters in the notice; and (b) the circumstances in which the offence mentioned in the infringement notice is alleged to have been committed; and (c) whether the person has been convicted previously of an offence against these Regulations or the Act; and (d) whether an infringement notice has previously been given to the person for an offence against these Regulations; and (e) any other matter the Authority considers relevant. > Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them. (4) If the Authority decides, under subregulation (2), to refuse to withdraw an infringement notice, notice of the decision must state: (a) the reasons for the refusal; and (b) that the amount of the infringement notice penalty must be paid within 28 days after the date of the notice of the decision; and (c) that if that amount is not so paid, the person may be prosecuted for the alleged offence. (5) If an infringement notice is withdrawn after a person pays the infringement notice penalty, the Authority must refund to the person the amount paid.