Explosives Act 2024
Subdiv 1Improvement notices
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Subdivision 1—Improvement notices 60—Issue of improvement notices (1) This section applies if an authorised person reasonably believes that a person— (a) is contravening a requirement imposed by or under this Act (including a condition of a licence under this Act); or (b) has contravened a requirement imposed by or under this Act (including a condition of a licence under this Act) in circumstances that make it likely that the contravention will continue or be repeated. (2) The authorised person may issue a written notice (an improvement notice) requiring the person to— (a) remedy the contravention of a requirement imposed by or under this Act (including a condition of a licence under this Act); or (b) prevent a likely contravention of a requirement imposed by or under this Act (including a condition of a licence under this Act) from occurring; or (c) remedy the things or operations causing the contravention or likely contravention. 61—Contents of improvement notices (1) An improvement notice must state— (a) that the authorised person believes the person— (i) is contravening a requirement imposed by or under this Act (including a condition of a licence under this Act); or (ii) has contravened a requirement imposed by or under this Act (including a condition of a licence under this Act) in circumstances that make it likely that the contravention will continue or be repeated; and (b) the provision or requirement imposed by or under this Act (including a condition of a licence under this Act) the authorised person believes is being, or has been, contravened; and (c) briefly, how the provision or requirement imposed by or under this Act (including a condition of a licence under this Act) is being, or has been, contravened; and (d) the day by which the person is required to remedy the contravention or likely contravention. (2) An improvement notice may include directions concerning the measures to be taken to remedy the contravention or prevent the likely contravention, or the matters or activities causing the contravention or likely contravention, to which the notice relates. (3) The day stated for compliance with the improvement notice must be reasonable in all the circumstances. (4) An improvement notice may include recommendations. (5) It is not an offence to fail to comply with recommendations in a notice. 62—Compliance with improvement notice The person to whom an improvement notice is issued must comply with the notice within the period specified in the notice. 63—Extension of time for compliance with improvement notices (1) This section applies if a person has been issued with an improvement notice. (2) An authorised person may, by written notice given to the person, extend the compliance period for the improvement notice. (3) However, the authorised person may extend the compliance period only if the period has not ended. (4) In this section— compliance period means the period stated in the improvement notice under section 62 and includes that period as extended under this section.