50BContent of improvement notice

50B Content of improvement notice

An improvement notice must—

(a) specify the name, and if known, the address, of the regulated person to whom the notice is given; and

(b) specify—

(i) the provision of the Act or the regulations that the Secretary or authorised officer reasonably believes the regulated person has contravened, is contravening or is likely to contravene; or

(ii) the condition to which the regulated person's licence under section 13 or 42R is subject that the Secretary or authorised officer reasonably believes the regulated person has contravened, is contravening or is likely to contravene; and

(c) describe the conduct or circumstances the Secretary or authorised officer reasonably believes constitutes the contravention or likely contravention; and

(d) specify the action that the regulated person must take; and

(e) specify the period within which the regulated person must take the action; and

(f) include information about the regulated person's right to seek review of the Secretary's or authorised officer's decision to—

(i) give the improvement notice to the person; or

(ii) give a notice to the person—

(A) amending or revoking an action specified in the improvement notice that the regulated person must take; or

(B) amending the period specified in the improvement notice within which the regulated person must take the action; and

(g) state that the notice does not affect any criminal proceeding for an offence against a provision of this Act or the regulations constituted by conduct or circumstances in respect of which the notice is given; and

(h) state that it is an offence to contravene the notice without reasonable excuse and that the maximum penalty for the offence is 120 penalty units in the case of a natural person or 600 penalty units in the case of a body corporate; and

(i) include any prescribed information.

S. 50C inserted by No. 39/2024 s. 101.