Inspector may give improvement notices
77 Inspector may give improvement notices
Giving improvement notices
An inspector may give a person a notice (an improvement notice) if the inspector reasonably believes that the person:
is contravening, or is likely to contravene, a provision of this Act; or
has contravened a provision of this Act and is likely to contravene that provision again.
The improvement notice must be in writing and include the following:
the date on which the notice is given;
the name of the person to whom the notice is given;
a statement that the person giving the notice is an inspector appointed under this Act;
the name and contact details of the inspector;
brief details of the contravention of the provision of this Act that the inspector believes is occurring or likely to occur, including the place, date and time (if known) of the contravention;
the reasons for the inspector’s belief;
a statement that the person is required to take the action necessary to prevent any further contravention, or to prevent the likely contravention, as the case may be;
the period within which the person is to take the action.
The period specified for the purposes of paragraph (2)(h):
must be reasonable having regard to the circumstances; and
may, before the end of the specified period, be extended, in writing, by the inspector.
The improvement notice may:
specify action that the person is to take, or is not to take, during the period specified in the notice (including as extended under paragraph (3)(b)); and
specify action that may be taken to satisfy an inspector that adequate action has been taken to prevent any further contravention, or to prevent the likely contravention, as the case may be.
Notification by inspector about adequacy of action taken
The improvement notice ceases to have effect when an inspector notifies the person that the inspector is satisfied that the person has taken adequate action to prevent any further contravention, or to prevent the likely contravention, as the case may be.
If an inspector is satisfied that action taken by the person is not adequate to prevent any further contravention, or to prevent the likely contravention, as the case may be, the inspector must inform the person accordingly.
Strict liability offence
A person commits an offence of strict liability if:
the person is given an improvement notice under subsection (1); and
the person fails to comply with the improvement notice within the period specified in the notice (including as extended under paragraph (3)(b)).
Penalty: 60 penalty units.
Fault‑based offence
A person commits an offence if:
the person is given an improvement notice under subsection (1); and
the person engages in conduct that results in the person failing to comply with the improvement notice within the period specified in the notice (including as extended under paragraph (3)(b)); and
the person knows that the conduct will have that result.
Penalty: 222 penalty units.
Exception
Subsections (7) and (8) do not apply if the person did not have control over the matter in relation to which the improvement notice was not complied with.
A defendant bears an evidential burden in relation to the matter in subsection (9) (see subsection 13.3(3) of the Criminal Code).
Instruments are not legislative instruments
The following are not legislative instruments:
an improvement notice under subsection (1);
a notification under subsection (5) (if given in writing) of the matter referred to in that subsection;
a notice under subsection (6) (if given in writing) informing a person of a matter referred to in that subsection.
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