New South Wales Consolidated Acts

PESTICIDES ACT 1999 - SECT 79

79 Withdrawal of penalty notice

(1) An authorised officer:

(a) may withdraw the notice within 28 days after the date on which the notice was served, and

(b) must withdraw the notice immediately if directed to do so by the Environment Protection Authority.

(2) The following provisions have effect in relation to an alleged offence if a penalty notice for the alleged offence is withdrawn in accordance with this section:

(a) The amount that was payable under the notice ceases to be payable.

(b) Any amount that has been paid under the notice is repayable to the person by whom it was paid.

(c) Further proceedings in respect of the alleged offence may be taken against any person (including the person on whom the notice was served) as if the notice had never been served.