(1)  The Director of Public Health or a council or any person authorised by either of them may withdraw an infringement notice served on a person if of the opinion that –

(a) the infringement notice should not have been served; or

(b) the person should be proceeded against for the offence to which the notice relates.

(2)  An infringement notice may be withdrawn whether or not it has been accepted.

(3)  An infringement notice is to be withdrawn by serving on a person a notice stating that the infringement notice has been withdrawn within –

(a) 28 days of the service of the notice in the case of a person who has not been allowed a further period to accept the infringement notice under section 121 ; and

(b) 42 days of the service of the notice in the case of a person who has been allowed a further period to accept the infringement notice under section 121 .

(4)  A clerk of petty sessions or the general manager of the relevant council must repay to a person any amount paid by that person in respect of an infringement notice that is withdrawn.