Commonwealth Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 243C

Representations seeking withdrawal of notice

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

Withdrawal of notice

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

  (3)   When deciding whether or not to withdraw an infringement notice (the relevant infringement notice ), the regulator:

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

  (b)   may take into account the following:

  (i)   whether a court has previously imposed a penalty on the person for contravention of a provision enforceable under this Division;

  (ii)   the circumstances of the alleged contravention;

  (iii)   whether the person has paid an amount, stated in an earlier infringement notice, for contravention of a provision enforceable under this Division 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 considers relevant.

Notice of withdrawal

  (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  (d)   that the infringement notice is withdrawn; and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)   either:

  (i)   if the provision that was allegedly contravened is an offence provision--that the person may be prosecuted in a court for the alleged contravention; or

  (ii)   if the provision that was allegedly contravened is a WHS civil penalty provision--that proceedings seeking an order under section   259 may be brought in relation to the alleged contravention.

Refund of amount if infringement notice withdrawn

  (5)   If:

  (a)   an authorised person 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.