115Compliance notices

115 Compliance notices

115 Compliance notices

(1) The Health Secretary may give a person a written notice (a compliance notice) if the Health Secretary believes the person—

(a) is contravening—

(i) a provision of this Act or the regulations, or

(ii) a condition of a wholesaler licence, obtain licence, approval, OTP registration or DMT authority, or

(b) has contravened a provision or condition in circumstances making it likely the contravention will continue or be repeated.

(2) A compliance notice may require the person—

(a) to remedy the contravention, or

(b) to prevent a likely contravention from occurring, or

(c) to remedy the things or operations causing the contravention or likely contravention.

(3) A compliance notice must specify—

(a) the grounds on which the compliance notice is given, including the particular contravention on which the compliance notice is based, and

(b) the compliance period.

(4) A compliance notice may include directions about the measures to be taken to remedy the contravention or prevent the likely contravention.

(5) Before the end of the compliance period, the Health Secretary may, by written notice to the person, extend the compliance period for a compliance notice.

(6) A person must comply with the compliance notice within the compliance period.

Maximum penalty—Tier 4 penalty.

(7) The Health Secretary may vary or revoke a compliance notice.

(8) A compliance notice is not invalid only because of—

(a) a formal defect or irregularity in the compliance notice, unless the defect or irregularity causes or is likely to cause substantial injustice, or

(b) a failure to use the correct name of the person to whom the compliance notice is issued if the compliance notice—

(i) sufficiently identifies the person, and