90ASecretary may issue improvement notice or prohibition notice

90A Secretary may issue improvement notice or prohibition notice

(1) This section applies if the Secretary believes that a person—

(a) has contravened a provision of this Act or the regulations in circumstances that make it likely that the contravention is continuing or will reoccur; or

(b) is likely to contravene a provision of this Act or the regulations.

(2) If this section applies, the Secretary may issue to the person—

(a) an improvement notice requiring the person to remedy the contravention or likely contravention or the matters or activities causing the contravention or likely contravention; or

(b) a prohibition notice prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way, until the Secretary has certified in writing that the contravention has ceased or that the likelihood of the contravention occurring has passed.

(3) An improvement notice or a prohibition notice must—

(a) state the grounds on which the issue of the improvement notice or prohibition notice is based;

(b) specify the provision of this Act or the regulations that the Secretary considers has been or is likely to be contravened;

(c) specify the actions or measures that the person is required to take and the period within which the actions or measures are to be completed;

(d) set out the penalty for contravening the improvement notice or prohibition notice;

(e) state how the person may seek review of the issue of the improvement notice or prohibition notice;

(f) include a statement as to the effect of section 90C.

(4) An improvement notice or a prohibition notice issued under this section remains in force until the Secretary notifies, in writing, the person who received the notice that it is no longer in force.

S. 90B inserted by No. 59/2013 s. 21.