174Secretary may authorise required actions and recover costs

174 Secretary may authorise required actions and recover costs

(1)  If a person (the liable person) fails to comply with an emergency order, the Secretary may authorise any person to enter premises and take any actions in relation to those premises, or any thing on those premises, that the liable person is required to take by the order or that are otherwise necessary to remedy that failure.

(2)  The Secretary may charge the liable person a fee, that is not more than the reasonable amount to cover the costs and expenses incurred, for action taken under this section.

(3)  A fee charged under this section is a recoverable amount that is recoverable from the liable person.

(4)  If, as part of action taken under this section, a person intends to enter any residential premises for the purpose of taking the action, the Secretary must give an occupier of the premises written notice of the intention.

(5)  A notice under subsection (4) must –

(a) specify the day on which the residential premises are intended to be entered; and

(b) be given to the occupier of the residential premises before the day so specified.

(6)  Notice is not required to be given under subsection (4) if –

(a) entry into the residential premises is made with the consent of the occupier of the premises; or

(b) entry into the residential premises is made under the authority of a warrant.

(7)  Any action taken under this section for failure to comply with an emergency order is in addition to the taking of proceedings for an offence of failing to comply with an emergency order.