35Withdrawal of infringement notice

35 Withdrawal of infringement notice

(1) The Secretary may withdraw an infringement notice served on a person by causing written notice of the withdrawal to be served on the person within the period within which the penalty specified in the infringement notice is required to be paid. (2) The matters to which the Secretary may have regard in deciding whether or not to withdraw an infringement notice include, but are not limited to, the following: (a) whether the person has previously been convicted of an offence against this Act; (b) the circumstances in which the offence specified in the notice is alleged to have been committed; (c) whether the person has previously been served with an infringement notice in respect of which the person paid the penalty specified in the notice. (3) If: (a) the person pays the penalty specified in the infringement notice within the period within which the penalty is required to be paid; and (b) the notice is withdrawn after the person pays the penalty; the Secretary must refund to the person, out of money appropriated by the Parliament for the purpose, an amount equal to the amount paid.