6.2.3.20 Withdrawing an infringement notice

Who may withdraw an infringement notice?

An employee who receives an infringement notice may write to Centrelink or the FWO requesting the notice be withdrawn.

Centrelink or the FWO may withdraw infringement notices, whether or not the person has made written representations seeking the withdrawal, but each may only withdraw a notice which they issued. They cannot withdraw notices issued by one another.

In deciding whether to withdraw an infringement notice Centrelink or the FWO MUST take into account any written representation from the employer seeking the withdrawal of the notice.

Centrelink or the FWO may also take into account the following:

• whether a court has previously imposed a penalty for a contravention of a civil penalty provision under the PPLAct
• the circumstances of the alleged contravention
• whether the person has paid a penalty for a previous contravention which is substantially the same as the current contravention
• any other matter that is considered relevant.

Withdrawal of an infringement notice

Notice must be given to an employer where an infringement notice is withdrawn. The withdrawal notice must state:

• the employer's name and address
• the day the infringement notice was given
• the identifying number of the infringement notice
• that the infringement is withdrawn, and
• that proceedings seeking a civil penalty order may be bought in relation to the alleged contravention.

Refund of penalty if infringement notice withdrawn

Where an infringement notice is withdrawn after the penalty has been paid, the Commonwealth is liable to refund the amount of the penalty.