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s 24

Competent Authority may give improvement notice

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Part 5Prohibition and improvement notices

24 Competent Authority may give improvement notice

(1) The Competent Authority may give an improvement notice to a person where he or she reasonably believes that the person:

(a)

is contravening this Act or the Regulations; or

(b)

has contravened this Act or the Regulations in circumstances that make it likely that the contravention will be repeated.

(2)

An improvement notice is to:

(a)

be in writing;

(b)

state the name of the person to whom the notice is directed;

(c)

state that the Competent Authority reasonably believes that the person:

(i)

is contravening this Act or the Regulations; or

(ii)

has contravened this Act or the Regulations in circumstances that make it likely that the contravention will be repeated;

(d)

state the grounds on which the belief is based;

(e)

specify the provision of this Act or the Regulations in respect of which the belief is based; and

(f)

specify the day, being not earlier than 7 days after the giving of the notice, by which the person must:

(i)

remedy the contravention; or

(ii)

remedy matters or activities giving rise to the circumstances that make it likely that the contravention will be repeated.

(3)

The Competent Authority may include in an improvement notice instructions as to the measures to be taken to remedy the contravention, or matters or activities, to which the notice relates.

(4)

An instruction under subsection (3) may:

(a)

refer to a code of practice; and

(b)

offer the person to whom it is issued a choice of ways in which to remedy the contravention, or matters or activities, to which the notice relates.

(5)

A person to whom an improvement notice is given must not contravene or fail to comply with the notice.

Maximum penalty: In the case of a body corporate – 430 penalty units and 25 penalty units for each day during which the offence continues.

In the case of a natural person – 85 penalty units or imprisonment for 6 months and 8 penalty units for each day during which the offence continues.

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