29Withdrawal of infringement notice

29 Withdrawal of infringement notice

 29.1 Whether or not a notice is received under subsection 29.2, AMSA, if satisfied that in all the circumstances it is proper to do so, may withdraw an infringement notice.

 29.2 Before the end of 28 days after receiving the infringement notice, the recipient may apply, in writing, to AMSA for it to be withdrawn.

 29.3 Within 28 days after receiving the application, AMSA must:

(a) withdraw, or refuse to withdraw, the notice; and

(c) if the decision is a refusal — mention in the notice the reasons for the refusal.

 29.4 In making a decision, AMSA must consider:

(a) the facts or matters mentioned in the application; and

(b) the circumstances in which the contravention of the Navigation Act mentioned in the notice is alleged to have occurred; and

(c) whether the person has been found previously to have contravened a civil penalty provision in the Navigation Act; and

(d) whether an infringement notice has previously been given to the person for an contravention of the same kind as that mentioned in the notice; and

(e) any other matter AMSA considers relevant to the decision.

 29.5 If an infringement notice is withdrawn, any amount of infringement notice penalty paid under the notice must be repaid to the person who paid it.