26Withdrawal of infringement notice by nominated person

26 Withdrawal of infringement notice by nominated person

(1) Within 28 days after receiving an infringement notice, the recipient may apply, in writing, to the nominated person for the infringement notice to be withdrawn.

(b) set out the reasons for the application.

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

(b) notify the recipient in writing of the decision and, if the decision is a refusal, the reasons for the decision.

(4) Without limiting subregulation (3), the nominated person may withdraw the infringement notice after taking into account the following matters:

(a) whether the recipient:

(i) has been previously convicted of an offence against the Act; or

(ii) has been previously found to have contravened a civil penalty provision;

(b) the circumstances in which the commission or contravention set out in the infringement notice offence specified in the notice is alleged to have occurred;

(c) whether an infringement notice has previously been given to the recipient in relation to an infringement notice offence of the same kind as the offence specified in the notice, and in relation to which the recipient paid the penalty under the notice;

(d) any other relevant matter.

(5) If the nominated person has not withdrawn, or refused to withdraw, the notice within 14 days after receiving the application, the nominated person is taken to have refused to withdraw the notice.