QLDIn ForceAct
Mining and Quarrying Safety and Health Act 1999
sec.246IGiving of penalty notice
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### sec.246I Giving of penalty notice
This section applies if—
the period stated in the proposed penalty notice under section 246G (3) (d) has ended; and
the CEO has considered any submission made under section 246H ; and
the CEO is satisfied—
the civil penalty obligation mentioned in the proposed penalty notice has been contravened; and
the relevant corporation is liable to a civil penalty on the grounds of the contravention.
The CEO may decide to impose a civil penalty on the corporation on the grounds of the contravention.
If the CEO makes a decision under subsection (2) , the CEO must give the corporation a notice (a penalty notice ) stating each of the following matters—
the CEO has decided to impose a civil penalty on the corporation;
the reasons for the decision;
the amount of the penalty and the day by which it must be paid;
that the corporation may appeal to an Industrial Magistrates Court against the decision within 28 days after the corporation is given the penalty notice;
how to appeal.
The day for payment stated under subsection (3) (c) must not be less than 28 days after the penalty notice is given to the corporation.
The State may recover the penalty from the corporation as a debt.
s 246I ins 2018 No. 28 s 87
amd 2020 No. 10 s 139 sch 2
(sec.246I-ssec.1) This section applies if— the period stated in the proposed penalty notice under section 246G (3) (d) has ended; and the CEO has considered any submission made under section 246H ; and the CEO is satisfied— the civil penalty obligation mentioned in the proposed penalty notice has been contravened; and the relevant corporation is liable to a civil penalty on the grounds of the contravention.
(sec.246I-ssec.2) The CEO may decide to impose a civil penalty on the corporation on the grounds of the contravention.
(sec.246I-ssec.3) If the CEO makes a decision under subsection (2) , the CEO must give the corporation a notice (a penalty notice ) stating each of the following matters— the CEO has decided to impose a civil penalty on the corporation; the reasons for the decision; the amount of the penalty and the day by which it must be paid; that the corporation may appeal to an Industrial Magistrates Court against the decision within 28 days after the corporation is given the penalty notice; how to appeal.
(sec.246I-ssec.4) The day for payment stated under subsection (3) (c) must not be less than 28 days after the penalty notice is given to the corporation.
(sec.246I-ssec.5) The State may recover the penalty from the corporation as a debt.
- (a) the period stated in the proposed penalty notice under section 246G (3) (d) has ended; and
- (b) the CEO has considered any submission made under section 246H ; and
- (c) the CEO is satisfied— (i) the civil penalty obligation mentioned in the proposed penalty notice has been contravened; and (ii) the relevant corporation is liable to a civil penalty on the grounds of the contravention.
- (i) the civil penalty obligation mentioned in the proposed penalty notice has been contravened; and
- (ii) the relevant corporation is liable to a civil penalty on the grounds of the contravention.
- (i) the civil penalty obligation mentioned in the proposed penalty notice has been contravened; and
- (ii) the relevant corporation is liable to a civil penalty on the grounds of the contravention.
- (a) the CEO has decided to impose a civil penalty on the corporation;
- (b) the reasons for the decision;
- (c) the amount of the penalty and the day by which it must be paid;
- (d) that the corporation may appeal to an Industrial Magistrates Court against the decision within 28 days after the corporation is given the penalty notice;
- (e) how to appeal.