(1)  The Director of Public Health may withdraw an infringement notice if he or she is of the opinion that –

(a) it should not have been served; or

(b) the person on whom it was served should not be proceeded against for the infringement offence to which it relates.

(2)  Subregulation (1) applies whether or not the infringement notice has been accepted.

(3)  An infringement notice may be withdrawn by serving the person specified in the infringement notice with a notice of withdrawal within 108 days after it was served.

(4)  As soon as practicable after the notice of withdrawal is served, any amount that the person has paid by way of penalty under the infringement notice must be repaid to the person.