Passenger Transport Services Act 2011

If the Commission is of the opinion that a person has contravened, is contravening, or is likely to contravene, a provision of this Act or the regulations, the Commission may – if the person is not an accredited operator – serve on the person an improvement notice in relation to the person; or if the person is an accredited operator and there is not a relevant responsible person in relation to the accredited operator – serve on the accredited operator an improvement notice in relation to the person; or if the person is an accredited operator and there is a relevant responsible person in relation to the accredited operator – serve on the relevant responsible person an improvement notice in relation to the person who is an accredited operator.

An improvement notice in relation to a person must specify – that the Commission is of the opinion that the person has contravened, is contravening, or is likely to contravene, a provision of this Act or the regulations; and the contravention, or likely contravention, to which the notice relates and the provision to which the contravention, or likely contravention, relates; and that the person on whom the improvement notice is served is required to remedy, before a date specified in the notice, the contravention or likely contravention, or the matters or activities occasioning the contravention or likely contravention; and the reason why the Commission is of the opinion referred to in paragraph (a); and information about the right of the person on whom it is served to have the decision to serve the notice reviewed; and that the notice is issued under this section.

An improvement notice may, but is not required to, specify the method by which the alleged contravention or likely contravention, or the matters or activities occasioning the alleged contravention or likely contravention, are to be remedied.

The date specified, in accordance with subsection (2)(c), in an improvement notice, is to be a date that the Commission considers is reasonable having regard to the severity of any relevant risks and the nature of the contravention or likely contravention.

A person on whom an improvement notice is served under this section must comply with the notice. Fine not exceeding – 100 penalty units for a body corporate or body politic; or 50 penalty units for an individual.

It is a defence to a charge of an offence against subsection (5) committed in relation to an improvement notice if the person charged establishes – that the person had a reasonable excuse for failing to comply with the improvement notice; or the alleged contravention or likely contravention, or the matters or activities occasioning the alleged contravention or likely contravention, that were specified in the notice were remedied within the period specified in the notice, but by a different method from the method specified in the notice.

The Commission may, by notice served on a person, amend or cancel an improvement notice served on a person by the Commission.

An amendment of an improvement notice – must not amend the improvement notice by referring to a contravention of a different provision from that already specified in the improvement notice; and must state the reason why the amendment is being made; and must include information about the right of the person on whom it is served to have the decision to serve the amendment reviewed.