New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 340

340 Withdrawal of penalty notice

(1) A senior police officer may at any time withdraw a penalty notice issued by a police officer under this Part.

(2) A senior police officer must withdraw a penalty notice immediately if directed to do so by the Director of Public Prosecutions.

(3) The following provisions have effect in relation to an alleged offence if a penalty notice for the alleged offence is withdrawn in accordance with this section--

(a) The amount that was payable under the notice ceases to be payable.

(b) Any amount that has been paid under the notice is repayable to the person by whom it was paid.

(b1) Any subsequent action already taken in relation to the notice, including any enforcement action, is to be reversed.

(b2) Any costs relating to that subsequent action are not payable and, if paid, are repayable.

(c) Further proceedings in respect of the alleged offence may, subject to any time limit within which such proceedings are required to be commenced, be taken against any person (including the person on whom the notice was served) as if the notice had never been served.

(4) Nothing in this section requires further proceedings to be taken in respect of an alleged offence if a penalty notice is withdrawn.

(5) For the purposes of section 39 of the Fines Act 1996 , the appropriate officer is a senior police officer.