Improvement notice preserved
50 Improvement notice preserved
This section applies to an existing improvement notice if the improvement notice is for a contravention or likely contravention of the repealed Act relating to recreational water activities health and safety.
The notice continues to be enforceable against the person to whom it was given for a contravention of the repealed Act, section 117(4) that happened before the repeal as if the repealed Act had not been repealed.
Also, the improvement notice continues in force and may be enforced as if it were a improvement notice given to the person under applied WHS section 117 for a contravention or likely contravention of this Act that corresponds to the old contravention.
In this section—
contravention or likely contravention of the repealed Act relating to recreational water activities health and safety means a contravention or likely contravention of the repealed Act constituted by an act or omission that, if it happened after the commencement of this Act, would be a contravention of this Act.
existing improvement notice means an improvement notice—
given by an inspector under the repealed Act, section 117 for a contravention or likely contravention of the repealed Act (the old contravention); and
in force immediately before the repeal of the repealed Act.
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