sec.193Compliance notice

sec.193 Compliance notice

This section applies if an authorised officer reasonably believes a person— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated. The authorised officer may give the person a notice (a compliance notice ) requiring the person to remedy the contravention. The compliance notice must state the following— that the authorised officer reasonably believes the person— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; the provision the officer believes is being, or has been, contravened (the relevant provision ); briefly, how it is believed the relevant provision is being, or has been, contravened; that the person must remedy the contravention within a stated reasonable time; that it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse. The compliance notice may also state the steps that the authorised officer reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the relevant provision. The person must comply with the compliance notice unless the person has a reasonable excuse. Maximum penalty— if it is an offence to contravene the relevant provision—the maximum penalty for contravening that provision; or otherwise—5 penalty units. If it is an offence to contravene the relevant provision, the person can not be prosecuted for that offence unless the person fails to comply with the compliance notice and does not have a reasonable excuse for the noncompliance. (sec.193-ssec.1) This section applies if an authorised officer reasonably believes a person— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated. (sec.193-ssec.2) The authorised officer may give the person a notice (a compliance notice ) requiring the person to remedy the contravention. (sec.193-ssec.3) The compliance notice must state the following— that the authorised officer reasonably believes the person— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; the provision the officer believes is being, or has been, contravened (the relevant provision ); briefly, how it is believed the relevant provision is being, or has been, contravened; that the person must remedy the contravention within a stated reasonable time; that it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse. (sec.193-ssec.4) The compliance notice may also state the steps that the authorised officer reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the relevant provision. (sec.193-ssec.5) The person must comply with the compliance notice unless the person has a reasonable excuse. Maximum penalty— if it is an offence to contravene the relevant provision—the maximum penalty for contravening that provision; or otherwise—5 penalty units. (sec.193-ssec.6) If it is an offence to contravene the relevant provision, the person can not be prosecuted for that offence unless the person fails to comply with the compliance notice and does not have a reasonable excuse for the noncompliance.