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Corrective Services Act 2006
sec.262Compliance notice
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### sec.262 Compliance notice
This section applies if the chief executive reasonably believes a grantee—
is contravening a prescribed requirement; or
has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated.
The chief executive may give the grantee a notice (a compliance notice ) requiring the grantee to remedy the contravention.
The compliance notice must state the following—
that the chief executive reasonably believes the grantee—
is contravening a prescribed requirement; or
has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated;
the prescribed requirement the chief executive believes is being, or has been, contravened;
briefly, how it is believed the prescribed requirement is being, or has been, contravened;
that the grantee must remedy the contravention within a stated reasonable time;
that if the grantee fails, without reasonable excuse, to comply with the compliance notice, the chief executive may, under subsection (5) , not give financial assistance to the grantee.
The compliance notice may also state the steps that the chief executive reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the prescribed requirement.
If the grantee fails to comply with the compliance notice, the chief executive is not required to give any assistance, or further assistance, to the grantee under a financial assistance agreement in force when the relevant compliance notice was given, despite any provision of the agreement.
This section does not limit—
a remedy available to the chief executive under a financial assistance agreement; or
the chief executive’s powers apart from this section.
(sec.262-ssec.1) This section applies if the chief executive reasonably believes a grantee— is contravening a prescribed requirement; or has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated.
(sec.262-ssec.2) The chief executive may give the grantee a notice (a compliance notice ) requiring the grantee to remedy the contravention.
(sec.262-ssec.3) The compliance notice must state the following— that the chief executive reasonably believes the grantee— is contravening a prescribed requirement; or has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated; the prescribed requirement the chief executive believes is being, or has been, contravened; briefly, how it is believed the prescribed requirement is being, or has been, contravened; that the grantee must remedy the contravention within a stated reasonable time; that if the grantee fails, without reasonable excuse, to comply with the compliance notice, the chief executive may, under subsection (5) , not give financial assistance to the grantee.
(sec.262-ssec.4) The compliance notice may also state the steps that the chief executive reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the prescribed requirement.
(sec.262-ssec.5) If the grantee fails to comply with the compliance notice, the chief executive is not required to give any assistance, or further assistance, to the grantee under a financial assistance agreement in force when the relevant compliance notice was given, despite any provision of the agreement.
(sec.262-ssec.6) This section does not limit— a remedy available to the chief executive under a financial assistance agreement; or the chief executive’s powers apart from this section.
- (a) is contravening a prescribed requirement; or
- (b) has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated.
- (a) that the chief executive reasonably believes the grantee— (i) is contravening a prescribed requirement; or (ii) has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated;
- (i) is contravening a prescribed requirement; or
- (ii) has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated;
- (b) the prescribed requirement the chief executive believes is being, or has been, contravened;
- (c) briefly, how it is believed the prescribed requirement is being, or has been, contravened;
- (d) that the grantee must remedy the contravention within a stated reasonable time;
- (e) that if the grantee fails, without reasonable excuse, to comply with the compliance notice, the chief executive may, under subsection (5) , not give financial assistance to the grantee.
- (i) is contravening a prescribed requirement; or
- (ii) has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated;
- (a) a remedy available to the chief executive under a financial assistance agreement; or
- (b) the chief executive’s powers apart from this section.