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Compliance and enforcementChapter 4

Civil remediesPart 4-1 General provisions relating to civil remedies and infringement noticesDivision 4

Regulation4.09

(b) notify the recipient in writing of the decision and, if the decision is a refusal, the reasons for the decision.

(3) If the nominated person has not approved, or refused to approve, the withdrawal of the infringement notice within the period allowed by subregulation (2), the application is taken to have been refused.

(4) An inspector may also withdraw an infringement notice issued by him or her by serving a notice of withdrawal on the recipient without an application having been made.

(5) A notice of the withdrawal of an infringement notice must:

(a) specify the recipient's full name; and

(b) specify the recipient's address; and

(c) specify its date of issue; and

(d) state that the infringement notice is withdrawn.

4.09Effect of payment of penalty

If an infringement notice is not withdrawn, and the recipient pays the penalty stated in the notice:

(a) any liability of the recipient for the alleged contravention is discharged; and

(b) no proceedings may be brought against the recipient, by any person, for the alleged contravention; and

(c) the recipient is not taken to have admitted to having contravened the civil remedy provision; and

(d) the recipient is not taken to have been convicted of a contravention.

4.10Refund of penalty

If an infringement notice is withdrawn after the penalty stated in it has been paid, the Commonwealth must refund the amount of the penalty to the person who paid it.

Fair Work Regulations 2009

Compilation date: 11/09/2021

75

Compilation No. 36

Registered: 19/10/2021

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