36Infringement notice—withdrawal

36 Infringement notice—withdrawal (1) If an infringement notice is served on a person for an infringement notice offence, the administering authority may withdraw the infringement notice, whether or not— (a) the person has applied, or is taken to have applied, for withdrawal of the infringement notice under section 34; or (b) the infringement notice penalty (or part of it) has been paid for the offence; or (c) the person has disputed liability for the infringement notice Withdrawal of infringement notices Division 3.3AA (2) If the administering authority decides to withdraw an infringement notice, the authority must do so by written notice (a withdrawal notice) served on the person. (3) The withdrawal notice must— (a) include the infringement notice number and the date the infringement notice was served; and (b) tell the person that the infringement notice is withdrawn and, in general terms, about subsection (4). (4) The effect of the service of a withdrawal notice is as follows: (a) this part, other than this section, ceases to apply to the infringement notice; (b) if the infringement notice penalty (or part of it) has been paid— the administering authority must repay the amount paid, unless the person has an infringement notice management plan for the penalty. (5) However, nothing in this section prevents the administering authority— (a) serving an infringement notice, or commencing a proceeding, for the offence against another person; or (b) if the administering authority is satisfied that a withdrawal notice was served on a person in error, or as a result of misrepresentation or a false declaration—serving an infringement notice, or commencing a proceeding, for the offence against the person.