Protection from Harmful Radiation Act 1990
18Notices to avoid or remedy contraventions
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18 Notices to avoid or remedy contraventions
18 Notices to avoid or remedy contraventions
(1) The Authority, or person authorised by the Authority, may serve a notice under this section on a person if the Authority, or person authorised by the Authority, believes on reasonable grounds that the person is, or is likely to become, responsible for—
(a) a contravention of this Act, the regulations or the conditions of, a licence or accreditation or, the suspension, cancellation or surrender of a licence or accreditation, or
(b) unnecessary exposure to or contamination by radiation.
(2) The notice is to be in writing and may contain a direction requiring the person on whom it is served to take specified steps, or refrain from doing specified things, to comply with the direction within a specified time.
(3) The Authority must, as soon as practicable after the service of the notice, advise the Council about the notice.
(4) The person on whom the notice is served must—
(a) comply with the notice, and
(b) within 30 days or such longer time as may be permitted by the Authority, pay the prescribed fee to the Authority.
Maximum penalty—200 penalty units.
(5) The Authority may waive payment of the whole or any part of the fee.
(6) The person may appeal to the Land and Environment Court against a decision to serve a notice under this section and the following provisions apply to and in respect of the appeal—
(a) the person must comply with the notice unless the Court directs that the notice be stayed, in which case the notice ceases to have effect until—
(i) the stay ceases, or
(ii) the Court confirms the notice, or
(iii) the appeal is withdrawn,
(b) the amount payable under subsection (4) (b) is not required to be paid until 30 days after—
(i) the Court confirms the notice, or
(ii) the appeal is withdrawn,
(c) the appeal is to be in accordance with the rules of the Land and Environment Court,