Div 3Compliance notices

Division 3—Compliance notices 72—Compliance notices (1) An inspector may issue a notice under this Division for the purpose of securing compliance with a requirement imposed by or under this Act (including a requirement imposed by condition of registration or an approval or other authority). (2) A notice under this Division— (a) subject to subsection (3), must be in the form of a written notice served on the person to whom the notice is issued; and (b) must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and (c) must give details of the requirement to which it relates; and (d) may impose any requirement reasonably required for the purpose for which the notice is issued, including— (i) a requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from the Chief Inspector; (ii) a requirement that the person not carry on a specified activity except subject to specified conditions; (iii) a requirement that the person take specified action within a specified period; and (e) must state that the person may, within 14 days, apply to the Tribunal for a review of the notice under section 34 of the South Australian Civil and Administrative Tribunal Act 2013. (3) A notice under this Division may be issued orally if the inspector is of the opinion that urgent action is required, but in that event, the notice will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written notice served on the person. (4) The Chief Inspector may, by written notice served on a person to whom a notice has been issued under this Division, vary or revoke the notice. (5) A person to whom a notice is issued under this Division must comply with the notice. Maximum penalty: $10 000 or imprisonment for 2 years. (6) A person must not hinder or obstruct a person complying with a notice issued under this Division. (7) If a person who is required to take action in compliance with a notice under this Division refuses or fails to do so, an inspector may take the action required to be taken by that person, with or without assistance, or cause that action to be taken. (8) The Chief Inspector may recover costs and expenses reasonably incurred under subsection (7) as a debt owed by the person of whom the requirement was made.