Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Within 28 days after receiving an infringement notice, the recipient may apply, in writing, to the nominated person for the infringement notice to be withdrawn.
(2) The application must:
(a) specify the infringement notice's unique identification code; and
(b) set out the reasons for the application.
(3) Within 14 days after receiving the application, the nominated person must:
(a) withdraw or refuse to withdraw the notice; and
(b) notify the recipient in writing of the decision and, if the decision is a refusal, the reasons for the decision.
(4) Without limiting subregulation (3), the nominated person may withdraw the infringement notice after taking into account:
(a) whether the recipient has been previously convicted of an offence against the Act; or
(b) the circumstances in which the offence specified in the notice is alleged to have been committed; or
(c) whether an infringement notice has previously been given to the recipient in relation to an offence of the same kind as the offence specified in the notice, and in relation to which the recipient paid the penalty under the notice; or
(d) any other relevant matter.
(5) If the nominated person has not withdrawn, or refused to withdraw, the notice within the period mentioned in subregulation (3), the nominated person is taken to have refused to withdraw the notice.
(6) Application may be made to the Administrative Appeals Tribunal for review of a decision of the nominated person to refuse to withdraw an infringement notice.
Note Under section 27A of the Administrative Appeals Tribunal Act 1975 , the decision‑maker must give to any person whose interests are affected by the decision notice, in writing or otherwise, of the making of the decision and the person's right to have the decision reviewed.