Food Production (Safety) Act 2000
sec.118Compliance notice
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sec.118 Compliance notice
This section applies if an authorised officer reasonably believes a person— is committing an offence against this Act; or has committed an offence against this Act. The authorised officer may give the person a notice (a compliance notice ) requiring the person to— stop committing the offence; or stop committing the offence and rectify the matter; or rectify the matter. The compliance notice must state— that the authorised officer believes the person— is committing an offence against this Act; or has committed an offence against this Act; and the offence the authorised officer believes is being, or has been, committed; and briefly, how it is believed the offence is being, or has been committed; and if the notice requires the person to rectify a matter— the matter the authorised officer believes is reasonably capable of being rectified; and the reasonable steps the person must take to rectify the matter; and the stated reasonable period in which the person must take the steps. The person must comply with the compliance notice unless the person has a reasonable excuse. Maximum penalty—300 penalty units. If the person does, or does not do, something in contravention of the compliance notice, the authorised officer may take any reasonable action to stop the contravention. Any reasonable cost or expense incurred by the authorised officer in doing anything under subsection (5) may be recovered as a debt owing to Safe Food by the person if the person is convicted of the offence mentioned in subsection (3) (b) . If the compliance notice requires the person to rectify a matter relating to an offence against this Act, the person can not be prosecuted for the offence if the person rectifies the matter within the period stated in the notice. (sec.118-ssec.1) This section applies if an authorised officer reasonably believes a person— is committing an offence against this Act; or has committed an offence against this Act. (sec.118-ssec.2) The authorised officer may give the person a notice (a compliance notice ) requiring the person to— stop committing the offence; or stop committing the offence and rectify the matter; or rectify the matter. (sec.118-ssec.3) The compliance notice must state— that the authorised officer believes the person— is committing an offence against this Act; or has committed an offence against this Act; and the offence the authorised officer believes is being, or has been, committed; and briefly, how it is believed the offence is being, or has been committed; and if the notice requires the person to rectify a matter— the matter the authorised officer believes is reasonably capable of being rectified; and the reasonable steps the person must take to rectify the matter; and the stated reasonable period in which the person must take the steps. (sec.118-ssec.4) The person must comply with the compliance notice unless the person has a reasonable excuse. Maximum penalty—300 penalty units. (sec.118-ssec.5) If the person does, or does not do, something in contravention of the compliance notice, the authorised officer may take any reasonable action to stop the contravention. (sec.118-ssec.6) Any reasonable cost or expense incurred by the authorised officer in doing anything under subsection (5) may be recovered as a debt owing to Safe Food by the person if the person is convicted of the offence mentioned in subsection (3) (b) . (sec.118-ssec.7) If the compliance notice requires the person to rectify a matter relating to an offence against this Act, the person can not be prosecuted for the offence if the person rectifies the matter within the period stated in the notice.