Withdrawing an Infringement Notice

Who may withdraw an infringement notice?

Centrelink or the FWO may withdraw infringement notices, but each may only withdraw a notice which they issued. They cannot withdraw notices issued by one another.

Effective withdrawal of an infringement notice

For a notice to be withdrawn effectively, the employer must be given written notice withdrawing the infringement notice within 42 days after the infringement notice was given to the employer.

Exception: An infringement notice may be effectively withdrawn if written notice is given to the employer later than 42 days after the infringement notice is given to the person, if the employer has applied to a court for judicial review of the making of an employer determination.

Refund of penalty if infringement notice withdrawn

Where an infringement notice is withdrawn after the penalty has been paid, the Commonwealth is liable to refund the amount of the penalty.

Act reference: PPLAct section 160 Withdrawal of an infringement notice

Last reviewed: 20 September 2016