40Taking of required actions and recovery of costs

40 Taking of required actions and recovery of costs

40 Taking of required actions and recovery of costs

(1) If a person required to conduct a product assessment (the liable person) fails to conduct that product assessment, or to provide a product assessment report, to the satisfaction of the Secretary, the Secretary may take any action that is reasonably necessary to conduct or complete that product assessment.

(2) The Secretary may, by notice in writing served on the liable person, require the person to pay a fee for action taken under this section.

(3) The fee is to be no more than is reasonable to cover the costs and expenses incurred in connection with the action.

(4) Costs and expenses incurred include costs and expenses incurred by or on behalf of any government agency.

(5) The fee is recoverable by the Secretary as a debt payable by the liable person in any court of competent jurisdiction.

(6) This section does not prevent the taking of proceedings for an offence of contravening a requirement to conduct, or report on, a product assessment.