sec.125Compliance notices

sec.125 Compliance notices

This section applies if— the chief health officer or an authorised person reasonably believes— an authority holder— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and a matter relating to the contravention is reasonably capable of being rectified; and it is appropriate to give the authority holder an opportunity to rectify the matter; and if the matter relates to a ground to suspend or cancel the authority, the chief health officer has not given a show cause notice to the authority holder under section 81 . The chief health officer or authorised person may give the authority holder a written notice (a compliance notice ) requiring the authority holder to rectify the matter. The compliance notice must state— that the chief health officer or authorised person believes the authority holder— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and the provision the chief health officer or authorised person believes is being, or has been, contravened; and briefly, how it is believed the provision is being, or has been contravened; and the matter relating to the contravention that the chief health officer or authorised person believes is reasonably capable of being rectified; and the reasonable steps the authority holder must take to rectify the matter; and that the authority holder must take the steps within a stated reasonable period. The authority holder must comply with the compliance notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. The authority holder can not be prosecuted for contravention of the provision unless the authority holder— fails to comply with the compliance notice within the stated period; and does not have a reasonable excuse for failing to comply with the notice. s 125 amd 2001 No. 78 s 188 (sec.125-ssec.1) This section applies if— the chief health officer or an authorised person reasonably believes— an authority holder— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and a matter relating to the contravention is reasonably capable of being rectified; and it is appropriate to give the authority holder an opportunity to rectify the matter; and if the matter relates to a ground to suspend or cancel the authority, the chief health officer has not given a show cause notice to the authority holder under section 81 . (sec.125-ssec.2) The chief health officer or authorised person may give the authority holder a written notice (a compliance notice ) requiring the authority holder to rectify the matter. (sec.125-ssec.3) The compliance notice must state— that the chief health officer or authorised person believes the authority holder— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and the provision the chief health officer or authorised person believes is being, or has been, contravened; and briefly, how it is believed the provision is being, or has been contravened; and the matter relating to the contravention that the chief health officer or authorised person believes is reasonably capable of being rectified; and the reasonable steps the authority holder must take to rectify the matter; and that the authority holder must take the steps within a stated reasonable period. (sec.125-ssec.4) The authority holder must comply with the compliance notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.125-ssec.5) The authority holder can not be prosecuted for contravention of the provision unless the authority holder— fails to comply with the compliance notice within the stated period; and does not have a reasonable excuse for failing to comply with the notice.