Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 58BD

Sheriff may withdraw an infringement notice

  (1)   This section applies if an infringement notice is given to a person.

  (2)   The Sheriff may, by written notice (the withdrawal notice ) given to the person, withdraw the infringement notice.

Withdrawal can only occur after first 28 days if Sheriff notified of reasons

  (3)   A withdrawal notice cannot be given more than 28 days after the infringement notice was given unless the person has notified the Sheriff in accordance with the infringement notice of a reason why the Sheriff should withdraw the infringement notice.

If person notifies Sheriff of reasons to withdraw

  (4)   If the person notifies the Sheriff in accordance with the infringement notice of a reason why the Sheriff should withdraw the infringement notice, the Sheriff must:

  (a)   decide whether to withdraw the infringement notice; and

  (b)   if the Sheriff decides to refuse to withdraw the infringement notice--give the person a written notice (the refusal notice ) of that decision.

  (5)   The refusal notice must contain a statement to the effect that criminal proceedings will not be brought in relation to the matter if the penalty specified in the infringement notice is paid to the Sheriff, on behalf of the Commonwealth, within 28 days after the refusal notice is given.

Refund of penalty if infringement notice withdrawn

  (6)   If:

  (a)   the penalty specified in the infringement notice is paid; and

  (b)   the infringement notice is withdrawn after the penalty is paid;

the Commonwealth is liable to refund the penalty.