12Withdrawal of an infringement notice

## 12 Withdrawal of an infringement notice (1) A person to whom an infringement notice has been given may make written representations to the National VET Regulator seeking the withdrawal of the notice. (2) The National VET Regulator may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal). (3) When deciding whether or not to withdraw an infringement notice (the relevant infringement notice), the National VET Regulator: (a) must take into account any written representations seeking the withdrawal that were given by the person to the National VET Regulator; and (i) whether a court has previously imposed a penalty on the person for a contravention of a provision subject to an infringement notice under this Division that is included in the same Act or legislative instrument as the provision in relation to which the infringement notice is given; (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision subject to an infringement notice under this Division if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice; (4) If the National VET Regulator withdraws an infringement notice given to a person, the National VET Regulator must give notice to the person of the withdrawal. The withdrawal notice must state: (7) If the National VET Regulator refuses to withdraw an infringement notice given to a person, the National VET Regulator must give notice of the decision to refuse to the person. The refusal notice must state: (e) that the period referred to in paragraph 10(h) is extended to the period ending 28 days after the day the notice of the refusal is given. (8) If the National VET Regulator refuses to withdraw an infringement notice, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to the period ending 28 days after the day the notice of the refusal is given.