Regulation 5.26 — Can an infringement notice be withdrawn?

5.26 Can an infringement notice be withdrawn?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must not be withdrawn under subregulation (1) after the expiry of 3 months commencing on the day on which the notice was served.