76Compliance notices

#### 76 Compliance notices Application of this section (1) This section applies if an inspector reasonably believes that a person has contravened a term of an enforceable instrument. Giving a compliance notice (2) The inspector may give the person a notice (a compliance notice) requiring the person to do the following within such reasonable time as is specified in the notice: (a) take specified action to remedy the direct effects of the contravention referred to in subsection (1); (b) produce reasonable evidence of the person’s compliance with the notice. Content of compliance notice (3) A compliance notice must also: (a) set out the name of the person to whom the notice is given; and (b) set out the name of the inspector who gave the notice; and (c) set out brief details of the contravention; and (d) explain that a failure to comply with the notice may contravene a civil remedy provision; and (e) explain that the person may apply to the Federal Court, the Federal Circuit Court or an eligible State or Territory Court for review of the notice on either or both of the following grounds: (i) the person has not committed a contravention set out in the notice; (ii) the notice does not comply with subsection (2) or this subsection; and (f) set out any other matters prescribed by the regulations. Relationship with civil remedy provisions (4) An inspector must not apply for an order under Division 1 of this Part in relation to a contravention of a civil remedy provision by a person if: (a) the inspector has given the person a compliance notice in relation to the contravention; and (b) either of the following subparagraphs apply: (i) the notice has not been withdrawn, and the person has complied with the notice; (ii) the person has made an application under section 77 in relation to the notice that has not been completely dealt with. > Note: A person other than an inspector who is otherwise entitled to apply for an order in relation to the contravention may do so. (5) A person who complies with a notice in relation to a contravention of a civil remedy provision is not taken: (a) to have admitted to contravening the provision; or (b) to have been found to have contravened the provision. Person must not fail to comply with notice (6) A person must not fail to comply with a compliance notice given under this section. > Note: This subsection is a civil remedy provision (see Division 1 of this Part). (7) Subsection (6) does not apply if the person has a reasonable excuse.