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COMMONWEALTHAct
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s 80A

Inspectors may give improvement notices

In force
Part 7Powers of inspection etc.
Division 2Improvement notices

80A Inspectors may give improvement notices

(1)

This section applies if an inspector reasonably believes that:

(a)

the holder of a licence or a person covered by a licence is contravening, or is likely to contravene, a provision of this Act or the regulations; or

(b)

a condition of a licence is being contravened, or is likely to be contravened.

(2)

The inspector may give the holder of the licence a notice in writing (an improvement notice) requiring the holder of the licence to:

(a)

remedy the contravention; or

(b)

prevent a likely contravention from occurring; or

(c)

remedy the matters or activities causing the contravention or likely contravention; or

(d)

cease an activity causing the contravention or likely contravention.

Note:

For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

Contents of improvement notice

(3)

The improvement notice must state:

(a)

the licence to which the notice relates; and

(b)

the provision or condition the inspector believes is being, or is likely to be, contravened; and

(c)

briefly, how the provision or condition is being, or is likely to be, contravened; and

(d)

the name of the inspector; and

(e)

the time by which the notice must be complied with.

(4)

The time stated for compliance with the improvement notice must be reasonable in all the circumstances.

Note:

The improvement notice may require immediate compliance if the circumstances are sufficiently serious.

Inspector does not have to produce identity card

(5)

Section 64 does not apply to the exercise of the power to give an improvement notice.

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