25Effect of withdrawal of infringement notice

25 Effect of withdrawal of infringement notice

(1)  If an infringement notice is withdrawn –

(a) any conviction in respect of that infringement notice by the operation of section 20 of this Act is revoked and is taken not to have occurred; and

(b) [Section 25 Subsection (1) amended by No. 4 of 2011, s. 10, Applied:01 Jun 2011] any payment of all or part of a penalty imposed by the infringement notice is to be repaid in full unless the alleged offender has been, or could be, issued with an enforcement order in respect of another monetary penalty, in which case the amount already paid may be taken to be in payment or part payment of that other monetary penalty; and

(c) any sanction imposed under Part 6 or 7 in relation to that infringement notice is revoked unless that sanction has also been imposed in respect of another undischarged monetary penalty payable by that offender for which an enforcement order has been issued; and

(d) any demerit points that have been recorded against the alleged offender are deleted and the relevant issuing authority must make a note on any record that it keeps in relation to the person clearly indicating that the demerit points allocated against the person have been deleted.

(2)  Where an infringement notice served in respect of an offence has been withdrawn, no evidence of the service, acceptance or withdrawal of the notice is admissible in any proceedings for that offence except in a case where proof of service of an infringement notice is required to establish matters relevant to the operation of section 43P of the Traffic Act 1925 .