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Section : Withdrawal of notice
Domain : Human Resource Management
Classification : Not Identified

Text Content

(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.