Tobacco Act 1987

The Regulator may issue a licensee with an improvement notice if the Regulator reasonably believes that the licensee—

is contravening, has contravened or is likely to contravene a relevant provision; or

is not complying, has not complied or is likely not to comply with a condition of the licence.

An improvement notice may require the licensee to whom it is issued to take any action that the Regulator reasonably considers necessary to remedy—

the contravention or non‑compliance; or

the matters or activities that are causing the contravention or non‑compliance.

An improvement notice must—

state the name and address of the licensee to whom the notice is issued; and

state the relevant provision to which the contravention, or the licence condition to which the non‑compliance, relates and the conduct constituting the contravention or non‑compliance; and

specify the actions that the licensee must take to comply with the notice; and

specify the period within which the licensee must comply with the notice; and

set out the penalty for failing to comply with the notice; and

specify how the licensee may seek review of the decision to issue the notice; and

include a statement to the effect of subsection (5); and

include any prescribed matters.

An improvement notice may require the licensee to whom it is issued—

to give a copy of the notice to a person, or persons of a class, specified in the notice; or

to cause a copy of the notice to be displayed (whether in physical or electronic form) in a manner specified in the notice.

The issuing, variation, revocation or withdrawal of an improvement notice does not affect any proceeding for an offence in connection with any matter in respect of which the notice is or was issued.

In this section—

Division 2, 4 or 5 of Part 2; or

Part 3AA; or

this Part; or

any regulations made for the purposes of a provision referred to in paragraph (a), (b) or (c).