49Compliance notice

49 Compliance notice

(1)  If an authorised officer suspects on reasonable grounds that, in the course of carrying on a primary production activity to which a food safety scheme applies, a person has contravened or is contravening a legislative requirement, the authorised officer may issue and serve a compliance notice on the person.

(2)  A compliance notice issued under this section may –

(a) require specified action to be taken within 7 days from the service of the notice (or a lesser period specified in the notice) to rectify the contravention; or

(b) require specified action to be taken within 7 days from the service of the notice (or a lesser period specified in the notice) to ensure compliance with the legislative requirement.

(3)  A compliance notice issued under this section must –

(a) be in writing; and

(b) specify the grounds on which it is issued; and

(c) specify the requirements of the notice, including the action which must be taken to comply with the notice.

(4)  A fee fixed by the Secretary is payable by a person served with a compliance notice under this section for each inspection carried out by an authorised officer that is necessary to determine whether the requirements of the notice have been complied with.

(5)  A person must not, without reasonable excuse, contravene or fail to comply with a compliance notice served on the person under this section.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2 500 penalty units; or

(b) an individual, a fine not exceeding 500 penalty units.