FAIR TRADING ACT 1987 - SECT 86H

FAIR TRADING ACT 1987 - SECT 86H

86H—Withdrawal of civil expiation notices

        (1)         The Commissioner may withdraw a civil expiation notice with respect to all or any of the alleged civil penalty contraventions to which the notice relates if—

            (a)         the Commissioner is of the opinion that the person to whom the notice was given did not commit the contravention or contraventions or that the notice should not have been given for the contravention or contraventions; or

            (b)         the notice is defective; or

            (c)         the Commissioner decides that proceedings should be commenced for a civil penalty order against the person for the contravention or contraventions.

        (2)         A civil expiation notice may be withdrawn under subsection (1) despite payment of an expiation fee, but in that event the amount paid must be refunded.

        (3)         However, a civil expiation notice cannot be withdrawn for the purposes of commencing proceedings for a civil penalty order for a civil penalty contravention if an expiation fee has been paid for the contravention and the period of 60 days from the date of the notice has expired.

        (4)         If a civil expiation notice is withdrawn under subsection (1) despite payment of an expiation fee, proceedings for a civil penalty order for a civil penalty contravention to which the notice related may be commenced, but the fact that the person to whom the notice was given paid an expiation fee is not admissible in those proceedings as evidence against the person.

        (5)         The Commissioner must withdraw a civil expiation notice if it becomes apparent that the person to whom the notice was given did not receive the notice until after the period for payment of the expiation fee, or has never received it, as a result of error on the part of the Commissioner or failure of the postal system.

        (6)         However, a civil expiation notice cannot be withdrawn under subsection (5) if the expiation fee has been paid or proceedings have been commenced for a civil penalty order against the person to whom the notice was given.

        (7)         A notice of withdrawal must specify the reason for withdrawal and include any information required by the regulations.

        (8)         If a civil expiation notice is withdrawn by the Commissioner in respect of an alleged civil penalty contravention and the notice of withdrawal does not specify that the notice is withdrawn for the purposes of commencing proceedings for a civil penalty order against the person, proceedings cannot be commenced for a civil penalty order for the contravention unless the person has been given a fresh civil expiation notice and allowed the opportunity to expiate the contravention.