40JWithdrawal of infringement notice

40J Withdrawal of infringement notice

(1) Before the end of 28 days after receiving an infringement notice, a person may apply, in writing, to a Trust officer for the infringement notice to be withdrawn.

(2) Within 14 days after receiving the application, the Trust officer must:

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

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

(3) Before withdrawing, or refusing to withdraw, a notice, the Trust officer must consider:

(a) whether the person has been convicted previously of an offence against these Regulations; and

(b) the circumstances of the offence stated in the notice; and

(c) whether the person has previously paid a penalty under an infringement notice issued to the person for an offence of the same type as the offence mentioned in the notice; and

(d) any other relevant matter.

(4) A Trust officer may also withdraw an infringement notice without an application having been made if he or she believes it is appropriate to do so in all the circumstances of the particular case.