Bankruptcy Regulations 2021

PART 14 - OFFENCES UNDER THE ACT  

Division 2 - Infringement notices  

SECTION 93   WITHDRAWAL OF AN INFRINGEMENT NOTICE  
Representations seeking withdrawal of notice

93(1)    
A person to whom an infringement notice has been given may make written representations to the Inspector-General seeking the withdrawal of the notice.

Withdrawal of notice

93(2)    
The Inspector-General may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).

93(3)    
When deciding whether or not to withdraw an infringement notice (the relevant infringement notice ), the Inspector-General:

(a)    must take into account any written representations seeking the withdrawal that were given by the person to the Inspector-General; and

(b)    may take into account the following:

(i) whether a court has previously imposed a penalty on the person for a contravention of an infringement notice provision;

(ii) the circumstances of the alleged contravention;

(iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of an infringement notice provision if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;

(iv) any other matter the Inspector-General considers relevant.

Notice of withdrawal

93(4)    
Notice of the withdrawal of the infringement notice must be given to the person. The withdrawal notice must state:

(a)    the person ' s name and address; and

(b)    the day the infringement notice was given; and

(c)    the identifying number of the infringement notice; and

(d)    that the infringement notice is withdrawn; and

(e)    that the person may be prosecuted in a court for the alleged contravention.

Refund of amount if infringement notice withdrawn

93(5)    
If:

(a)    the Inspector-General withdraws the infringement notice; and

(b)    the person has already paid the amount stated in the notice;

the Commonwealth must refund to the person an amount equal to the amount paid.