# Can an infringement notice be withdrawn?

> reg-5.26 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

5.26 Can an infringement notice be withdrawn?
          (1) If an infringement notice has been served on a person, an authorised officer may
              withdraw it by notice in writing served on the person in accordance with these
              Regulations, at any time before:
                (a) the end of 28 days after the date of service of the notice; or
                (b) if a further period has been allowed under regulation 5.24—the end of that
                     further period.
          (2) An infringement notice for:
                (a) an alleged offence against section 229 or 230 of the Act; or
               (b) an alleged contravention of a civil penalty provision;
              must not be withdrawn under subregulation (1) after the expiry of 3 months
              commencing on the day on which the notice was served.