Northern Territory Consolidated Regulations

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TRAFFIC REGULATIONS - REG 43

Withdrawal of infringement notice

    (1)     A traffic infringement notice may be withdrawn, at any time within 28 days after the notice is served, by addressing to the offender a notice of withdrawal.

    (1A)     A traffic infringement notice may be withdrawn, by a person authorised under subregulation (3), at a later time if the person withdrawing the notice is satisfied that the person to whom the notice was issued was not the offender.

    (1B)     If an infringement notice is withdrawn under subregulation (1A), a courtesy letter issued under the Fines and Penalties (Recovery) Act may be withdrawn also, although the due date for payment specified in the letter may have passed.

    (2)     A notice of withdrawal is to state that the traffic infringement notice is withdrawn and that any money paid by way of penalty under the notice will be refunded.

    (3)     A notice of withdrawal may be issued by:

        (a)     the member of the Police Force who served the traffic infringement notice;

        (b)     a member of the Police Force authorised for the purpose by the Commissioner; or

        (c)     an officer authorised for the purpose by the Director.

    (4)     A notice of withdrawal may be served on the offender in any manner that an infringement notice may be served under regulation 41.

    (5)     If an infringement notice is withdrawn for the purpose of prosecuting the offender for the offence, the production of a certificate signed by the member of the Police Force or the officer who issued the notice of withdrawal stating that:

        (a)     the member or officer is authorised to issue notices of withdrawal; and

        (b)     on a specified date the member or officer issued a notice of withdrawal of a specified traffic infringement notice,

is evidence of the matters stated in the certificate.



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