sec.79Direction to control body to rectify matter

### sec.79 Direction to control body to rectify matter This section applies if, after considering the accepted representations for a show cause notice, the Minister— still believes a ground exists to take disciplinary action relating to the approval of a control body; and believes a matter relating to the ground to take disciplinary action is capable of being rectified and it is appropriate to give the control body an opportunity to rectify the matter. The Minister may direct the control body to rectify the matter. The direction can be effected only by the Minister giving the control body an information notice about the decision to give the direction, including the period for rectifying the matter. The period stated in the information notice must be reasonable having regard to the nature of the matter to be rectified. A control body must comply with a direction under this section within the period for rectifying the matter stated in the information notice, unless it has a reasonable excuse. Maximum penalty—400 penalty units. The control body can not be prosecuted, or have disciplinary action relating to its approval taken against it, for the ground giving rise to the information notice unless the control body— fails to comply with the notice within the stated period; and does not have a reasonable excuse for failing to comply with the notice. The Minister’s power to give a direction to a control body under another provision of this Act is not limited by the Minister’s power to give a direction under this section. s 79 (prev s 57) renum and reloc 2012 No. 42 s 35 (sec.79-ssec.1) This section applies if, after considering the accepted representations for a show cause notice, the Minister— still believes a ground exists to take disciplinary action relating to the approval of a control body; and believes a matter relating to the ground to take disciplinary action is capable of being rectified and it is appropriate to give the control body an opportunity to rectify the matter. (sec.79-ssec.2) The Minister may direct the control body to rectify the matter. (sec.79-ssec.3) The direction can be effected only by the Minister giving the control body an information notice about the decision to give the direction, including the period for rectifying the matter. (sec.79-ssec.4) The period stated in the information notice must be reasonable having regard to the nature of the matter to be rectified. (sec.79-ssec.5) A control body must comply with a direction under this section within the period for rectifying the matter stated in the information notice, unless it has a reasonable excuse. Maximum penalty—400 penalty units. (sec.79-ssec.6) The control body can not be prosecuted, or have disciplinary action relating to its approval taken against it, for the ground giving rise to the information notice unless the control body— fails to comply with the notice within the stated period; and does not have a reasonable excuse for failing to comply with the notice. (sec.79-ssec.7) The Minister’s power to give a direction to a control body under another provision of this Act is not limited by the Minister’s power to give a direction under this section. - (a) still believes a ground exists to take disciplinary action relating to the approval of a control body; and - (b) believes a matter relating to the ground to take disciplinary action is capable of being rectified and it is appropriate to give the control body an opportunity to rectify the matter. - (a) fails to comply with the notice within the stated period; and - (b) does not have a reasonable excuse for failing to comply with the notice.