109Remedial directions

#### 109 Remedial directions (1) If: (a) a building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration at an airport site is occupied or used; and (b) the building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration is not of a kind declared by the regulations to be exempt from this Subdivision; and (c) either: (i) a certificate of compliance issued under regulations made for the purposes of this Subdivision is not in force in relation to the building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration, as the case requires; or (ii) if such a certificate is in force in relation to the building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration, as the case requires—a condition of the certificate is contravened; an authorised person may give another person a written direction requiring the other person: (d) to cease to occupy or use; or (e) to carry out remedial work on; or (f) to demolish, dismantle or remove; the building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration concerned. (2) An authorised person must not give another person a direction under this section unless the other person is: (a) an airport‑operator company for the airport concerned; or (b) a person who is occupying or using, or is proposing to occupy or use, the building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration concerned; or (c) a person who has caused or permitted, or is proposing to cause or permit, the building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration concerned to be occupied or used. (3) A person commits an offence if: (a) the person is subject to a direction under this section; and (b) the person engages in conduct; and (c) the person’s conduct contravenes the direction. Penalty: 50 penalty units. (4) In this section: > authorised person means: (a) the Secretary of the Department; or (b) a person authorised in writing by the Secretary of the Department for the purposes of this section.