sec.11ENotice may be given if safety and health census not given or is inadequate

sec.11E Notice may be given if safety and health census not given or is inadequate

This section applies if the CEO reasonably believes, based on information available to the CEO, the responsible person for a mine— has not given a safety and health census under section 11D ; or has given an incomplete safety and health census; or has given a safety and health census containing information that is incorrect. The CEO may give the responsible person a notice— stating the following information— the ground mentioned in subsection (1) (a) , (b) or (c) on which the CEO reasonably believes this section applies in relation to the responsible person; if the ground is the ground mentioned in subsection (1) (c) —the information the CEO reasonably believes is incorrect; the amount of the safety and health fee the CEO reasonably believes is payable by the responsible person for the mine; the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and inviting the responsible person to give the CEO, within the reasonable period stated in the notice, a written submission about why the responsible person for the mine should not be invoiced for the amount mentioned in paragraph (a) (iii) . The CEO must consider any submissions given by the responsible person within the period stated in the notice. If, after complying with subsection (3) , the CEO is satisfied an amount of a safety and health fee is payable by the responsible person, the CEO may give the responsible person an invoice for the fee. Subsection (4) applies even if the responsible person has already been given an invoice for, or paid, a different amount for the fee. The responsible person must pay the amount of the safety and health fee stated in the invoice within 30 days after receiving the invoice. s 11E amd 2020 SL No. 69 s 24 sch 1 (sec.11E-ssec.1) This section applies if the CEO reasonably believes, based on information available to the CEO, the responsible person for a mine— has not given a safety and health census under section 11D ; or has given an incomplete safety and health census; or has given a safety and health census containing information that is incorrect. (sec.11E-ssec.2) The CEO may give the responsible person a notice— stating the following information— the ground mentioned in subsection (1) (a) , (b) or (c) on which the CEO reasonably believes this section applies in relation to the responsible person; if the ground is the ground mentioned in subsection (1) (c) —the information the CEO reasonably believes is incorrect; the amount of the safety and health fee the CEO reasonably believes is payable by the responsible person for the mine; the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and inviting the responsible person to give the CEO, within the reasonable period stated in the notice, a written submission about why the responsible person for the mine should not be invoiced for the amount mentioned in paragraph (a) (iii) . (sec.11E-ssec.3) The CEO must consider any submissions given by the responsible person within the period stated in the notice. (sec.11E-ssec.4) If, after complying with subsection (3) , the CEO is satisfied an amount of a safety and health fee is payable by the responsible person, the CEO may give the responsible person an invoice for the fee. (sec.11E-ssec.5) Subsection (4) applies even if the responsible person has already been given an invoice for, or paid, a different amount for the fee. (sec.11E-ssec.6) The responsible person must pay the amount of the safety and health fee stated in the invoice within 30 days after receiving the invoice.