24E   Outcome of review

(1)  After reviewing a decision under this Division, a reviewing agency may confirm the decision to issue a penalty notice or may withdraw the penalty notice.

(2)  A reviewing agency must withdraw a penalty notice if it finds any of the following grounds to be made out:

(a)  the penalty notice was issued contrary to law,

(b)  the issue of the penalty notice involved a mistake of identity,

(c)  the penalty notice should not have been issued, having regard to the exceptional circumstances relating to the offence,

(d)  the person to whom the penalty notice was issued is unable, because the person has an intellectual disability, a mental illness, a cognitive impairment or is homeless:

(i)  to understand that the person’s conduct constituted an offence, or

(ii)  to control such conduct,

(e)  an official caution should have been given instead of a penalty notice, having regard to the relevant guidelines under section 19A,

(f)  any other ground prescribed by the regulations.

(3)  A reviewing agency may, at its discretion, also decide to withdraw a penalty notice on a ground other than those specified in subsection (2).

(4)  A reviewing agency is to notify the applicant in writing of the outcome of the review within 42 days of receipt of the application, or within 56 days if additional information has been requested under this Division.