12Withdrawal of infringement notice

12 Withdrawal of infringement notice

Representations seeking withdrawal of notice (1) A person to whom an infringement notice has been given may make written representations to the Regulator seeking the withdrawal of the notice. Withdrawal of notice (2) The 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 Regulator: (a) must take into account any written representations seeking the withdrawal that were given by the person to the Regulator; and (b) may take into account the following: (i) whether a court has previously imposed a penalty on the person for a contravention of a provision enforceable under this Part that is included in the same Act or a legislative instrument as the provision in relation to which the infringement notice is given; (ii) the circumstances of the alleged contravention; (iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision enforceable under this Part 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; (iv) any other matter the Regulator considers relevant. Notice of withdrawal (4) Notice of the withdrawal of the infringement notice must be given to the person. The withdrawal notice must state: (a) the person’s name and address; and (b) the day the infringement notice was given; and (c) the identifying number of the infringement notice; and (d) that the infringement notice is withdrawn; and (e) that: (i) if the provision is an offence provision and does not also constitute a civil penalty provision—the person may be prosecuted in a court for the alleged contravention; or (ii) if the provision is an offence provision and can also constitute a civil penalty provision—the person may be prosecuted in a court, or proceedings seeking a civil penalty order may be brought, in relation to the alleged contravention; or (iii) if the provision is a civil penalty provision—proceedings seeking a civil penalty order may be brought in relation to the alleged contravention. Refund of amount if infringement notice withdrawn (5) If: (a) the Regulator withdraws the infringement notice; and (b) the person has already paid the amount stated in the notice; the Commonwealth must refund to the person an amount equal to the amount paid. Representations not admissible in evidence (6) Information that the person gives to the Regulator in the course of making representations under this regulation is not admissible in evidence against the person in any proceedings (other than proceedings for an offence based on the evidence or information given being false or misleading).