41CEO may give directions to controlled persons

#### 41 CEO may give directions to controlled persons When this section applies (1) This section applies if: (a) the CEO believes, on reasonable grounds, that a controlled person is not complying with the Act or regulations in respect of a thing; and (b) the CEO believes that it is necessary to exercise powers under this section in order to protect the health and safety of people or to avoid damage to the environment. (1A) This section also applies if: (a) the CEO believes, on reasonable grounds, that there is a risk of death, serious illness, serious injury or serious damage to the environment, arising from radiation, in connection with a controlled facility, controlled material or controlled apparatus; and (b) the CEO believes that there is an urgent need to exercise powers under this section in order to minimise the risk. Power to give directions, and consequences of a direction (2) The CEO may give written directions to a controlled person requiring the controlled person to take such steps as the CEO considers appropriate: (a) if subsection (1) applies—in relation to the thing; or (b) if subsection (1A) applies—in relation to the controlled facility, controlled material or controlled apparatus. (3) The controlled person must take the steps specified in the notice within the time specified in the notice. Penalty: 30 penalty units. (4) As soon as possible after giving directions under subsection (2), the CEO must provide a copy of the directions to the Minister. (5) The Minister must cause a copy of the directions to be tabled in each House of the Parliament within 15 sitting days of that House after the directions have been given. (6) If the person does not take the steps specified in the notice within the time specified in the notice, the CEO may arrange for those steps to be taken. (7) If the Commonwealth incurs costs because of arrangements made by the CEO under subsection (6), the person is liable to pay to the Commonwealth an amount equal to the costs and the amount may be recovered by the Commonwealth as a debt due to the Commonwealth in a court of competent jurisdiction.