STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 28
Administering authority may withdraw infringement notice
STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 28
Administering authority may withdraw infringement notice
28 Administering authority may withdraw infringement notice
(1) An administering authority may withdraw an infringement notice at any time
before the fine is satisfied in full.
(2) For the withdrawal to be effective,
the administering authority must—
(a) serve on the alleged offender a
withdrawal notice in the approved form; and
(b) repay to the alleged offender
any amount paid to the administering authority for the offence; and
(c) if
prescribed particulars of the infringement notice offence are registered under
part 4 , give to SPER a copy of the withdrawal notice.
(3) On complying with
subsection (2) —
(a) this Act, other than this part, stops applying to the
infringement notice offence; and
(b) a proceeding for the offence may be
taken against any person (including the alleged offender) as if the notice had
not been served on the alleged offender.
(4) No compensation is payable to a
person because of the administering authority’s refusal to withdraw an
infringement notice.