sec.93Compliance notice

### sec.93 Compliance notice This section applies if the chief executive or an inspector (each the notifier ) reasonably believes— a person— is contravening a provision of this Act; or See the Acts Interpretation Act 1954 , section 7 (Act includes statutory instruments under Act etc.). has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and a matter relating to the contravention is reasonably capable of being rectified; and it is appropriate to give the person an opportunity to rectify the matter. The notifier may give the person a notice (a compliance notice ) requiring the person to remedy the contravention. The compliance notice must state that the person may— apply under part 8 for a review of the decision to give the notice; and apply, as provided under the QCAT Act , to QCAT for a stay of the decision. Subsection (5) applies if the giving of the compliance notice is for a matter for which a show cause notice about an authority has been given to the person under this or another Act or a law of the Commonwealth or another State. The compliance notice may only be given if, after considering any submission made by the person as required by the show cause notice, the notifier still believes it is appropriate to give the compliance notice. The compliance notice must state each of the following— that it is given under this provision; that the notifier 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 notifier 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 the notifier 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. In this section— show cause notice , about an authority, means a notice given to the holder of the authority and inviting the holder to make submissions about why the authority should not be amended, suspended or cancelled. s 93 amd 2009 No. 24 s 879 (sec.93-ssec.1) This section applies if the chief executive or an inspector (each the notifier ) reasonably believes— a person— is contravening a provision of this Act; or See the Acts Interpretation Act 1954 , section 7 (Act includes statutory instruments under Act etc.). has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and a matter relating to the contravention is reasonably capable of being rectified; and it is appropriate to give the person an opportunity to rectify the matter. (sec.93-ssec.2) The notifier may give the person a notice (a compliance notice ) requiring the person to remedy the contravention. (sec.93-ssec.3) The compliance notice must state that the person may— apply under part 8 for a review of the decision to give the notice; and apply, as provided under the QCAT Act , to QCAT for a stay of the decision. (sec.93-ssec.4) Subsection (5) applies if the giving of the compliance notice is for a matter for which a show cause notice about an authority has been given to the person under this or another Act or a law of the Commonwealth or another State. (sec.93-ssec.5) The compliance notice may only be given if, after considering any submission made by the person as required by the show cause notice, the notifier still believes it is appropriate to give the compliance notice. (sec.93-ssec.6) The compliance notice must state each of the following— that it is given under this provision; that the notifier 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 notifier 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.93-ssec.7) The compliance notice may also state the steps the notifier reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the relevant provision. (sec.93-ssec.8) 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.93-ssec.9) 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.93-ssec.10) In this section— show cause notice , about an authority, means a notice given to the holder of the authority and inviting the holder to make submissions about why the authority should not be amended, suspended or cancelled. - (a) a person— (i) is contravening a provision of this Act; or Note— See the Acts Interpretation Act 1954 , section 7 (Act includes statutory instruments under Act etc.). (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and - (i) is contravening a provision of this Act; or Note— See the Acts Interpretation Act 1954 , section 7 (Act includes statutory instruments under Act etc.). - (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and - (b) a matter relating to the contravention is reasonably capable of being rectified; and - (c) it is appropriate to give the person an opportunity to rectify the matter. - (i) is contravening a provision of this Act; or Note— See the Acts Interpretation Act 1954 , section 7 (Act includes statutory instruments under Act etc.). - (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and - (a) apply under part 8 for a review of the decision to give the notice; and - (b) apply, as provided under the QCAT Act , to QCAT for a stay of the decision. - (a) that it is given under this provision; - (b) that the notifier reasonably believes the person— (i) is contravening a provision of this Act; or (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; - (i) is contravening a provision of this Act; or - (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; - (c) the provision the notifier believes is being, or has been, contravened (the relevant provision ); - (d) briefly, how it is believed the relevant provision is being, or has been, contravened; - (e) that the person must remedy the contravention within a stated reasonable time; - (f) that it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse. - (i) is contravening a provision of this Act; or - (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; - (a) if it is an offence to contravene the relevant provision—the maximum penalty for contravening that provision; or - (b) otherwise—5 penalty units.