Notice of proposed application to court
247 Notice of proposed application to court
(1) The CEO must not apply to a court for a civil order under this Division against a person in relation to a contravention of a provision of this Act that is an offence of strict liability unless the CEO has served on the person a notice of the CEO's intention to make that application.
The notice must:
be in the approved form; and
(b) for an application for a civil penalty order – specify the maximum amount that the person may be ordered to pay as a civil penalty; and
(c) include a statement advising the person that the person may elect to be prosecuted for the contravention by written notice given to the CEO within the time specified in the notice.
(3) The time specified in the notice must not be less than 21 business days.
(4) The CEO must not apply to a court for a civil order in relation to a contravention if the person serves a written notice within the specified time on the CEO electing to be prosecuted for the contravention.
This Act’s bill:Explanatory statementSecond reading speech
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