QLDIn ForceAct
Electrical Safety Act 2002
sec.40HNotice required before making recall order
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### sec.40H Notice required before making recall order
Before making the recall order, the Minister must—
advise the responsible person by written notice that the Minister intends to make the order and the reasons for making the order; and
give the responsible person a copy of the proposed order; and
call on the responsible person to show cause why the Minister should not make the proposed order.
If the responsible person wishes to show cause why the recall order should not be made, the responsible person must make written submissions to the Minister within 7 days after receiving the notice and copy of the proposed order from the Minister.
The Minister must consider any written submissions made by the responsible person before making the recall order.
s 40H (prev s 40B) ins 2009 No. 38 s 5
renum 2011 No. 18 s 357 (2)
(sec.40H-ssec.1) Before making the recall order, the Minister must— advise the responsible person by written notice that the Minister intends to make the order and the reasons for making the order; and give the responsible person a copy of the proposed order; and call on the responsible person to show cause why the Minister should not make the proposed order.
(sec.40H-ssec.2) If the responsible person wishes to show cause why the recall order should not be made, the responsible person must make written submissions to the Minister within 7 days after receiving the notice and copy of the proposed order from the Minister.
(sec.40H-ssec.3) The Minister must consider any written submissions made by the responsible person before making the recall order.
- (a) advise the responsible person by written notice that the Minister intends to make the order and the reasons for making the order; and
- (b) give the responsible person a copy of the proposed order; and
- (c) call on the responsible person to show cause why the Minister should not make the proposed order.