188Secretary may authorise required actions and recover costs

188 Secretary may authorise required actions and recover costs

(1)  If a person (the liable person) fails to comply with a control 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 for the reasonable costs and expenses incurred in connection with the actions taken under subsection (1) .

(3)  Costs and expenses incurred include costs and expenses incurred by or on behalf of the Crown.

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

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

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

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

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

(7)  Notice is not required to be given under subsection (5) if entry is made –

(a) with the consent of the occupier of the premises; or

(b) under the authority of a warrant.

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