Regulator may give directions
146 Regulator may give directions
If the Regulator believes, on reasonable grounds, that —
a licence holder is not complying with this Act or the regulations in respect of a thing; and
it is necessary to exercise powers under this section in order to protect the health and safety of people or to protect the environment,
the Regulator may give directions to the licence holder, by written notice, requiring the licence holder, within the time specified in the notice, to take such steps in relation to the thing as are reasonable in the circumstances for the licence holder to comply with this Act or the regulations.
If the Regulator believes on reasonable grounds that —
a person covered by a GMO licence is not complying with this Act or the regulations in respect of a thing; and
it is necessary to exercise powers under this section in order to protect the health and safety of people or to protect the environment,
the Regulator may give directions to the person, by written notice, requiring the person, within the time specified in the notice, to take such steps in relation to the thing as are reasonable in the circumstances for the person to comply with this Act or the regulations.
A person must take the steps specified in a notice under subsection (1) or (2) within the time specified in the notice.
Penalty:
in the case of an aggravated offence — $220 000;
in any other case — $55 000.
Note for this subsection:
Section 38 defines “aggravated offence”
If the licence holder or the person, as the case requires, does not take the steps specified in the notice within the time specified in the notice, the Regulator may arrange for those steps to be taken.
If the Regulator incurs costs because of arrangements made by the Regulator under subsection (4), the licence holder or the person, as the case requires, is liable to pay to the State of Western Australia an amount equal to the cost, and the amount may be recovered by the State as a debt due to the State in a court of competent jurisdiction.
A time specified in a notice under subsection (1) or (2) must be reasonable having regard to the circumstances.
Note for this section:
This section differs from section 146 of the Commonwealth Act.
This provision refers to the regulations (the regulations
). Made under this Act:
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