sec.211Improvement notices

sec.211 Improvement notices

This section applies if an authorised person reasonably believes a person— 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. The authorised person may, by written notice (an improvement notice ) given to the person, require the person to remedy— the contravention or likely contravention; or the things or operations causing the contravention or likely contravention. The improvement notice must state— that the authorised person believes the person— 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 authorised person believes is being, or has been, contravened; and briefly, how the provision is being, or has been, contravened; and each of the following statements that is relevant— that the person must immediately cease the contravention; that the person must not continue or repeat the contravention. If the authorised person believes that reasonable steps may be taken by the person to remedy the contravention or likely contravention, the improvement notice may state the reasonable steps the person must take to remedy the contravention. If the improvement notice states reasonable steps the person must take to remedy the contravention or likely contravention, the improvement notice must state the reasonable period during which the person must take the steps. The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty for subsection (4) —50 penalty units. Subsection (4) does not prevent the prosecution and punishment of the person for the contravention for which the person was given the improvement notice. s 211 ins 2001 No. 20 s 42 amd 2023 No. 16 s 57 (sec.211-ssec.1) This section applies if an authorised person reasonably believes a person— 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. (sec.211-ssec.2) The authorised person may, by written notice (an improvement notice ) given to the person, require the person to remedy— the contravention or likely contravention; or the things or operations causing the contravention or likely contravention. (sec.211-ssec.3) The improvement notice must state— that the authorised person believes the person— 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 authorised person believes is being, or has been, contravened; and briefly, how the provision is being, or has been, contravened; and each of the following statements that is relevant— that the person must immediately cease the contravention; that the person must not continue or repeat the contravention. (sec.211-ssec.4) If the authorised person believes that reasonable steps may be taken by the person to remedy the contravention or likely contravention, the improvement notice may state the reasonable steps the person must take to remedy the contravention. (sec.211-ssec.5) If the improvement notice states reasonable steps the person must take to remedy the contravention or likely contravention, the improvement notice must state the reasonable period during which the person must take the steps. (sec.211-ssec.6) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty for subsection (4) —50 penalty units. (sec.211-ssec.7) Subsection (4) does not prevent the prosecution and punishment of the person for the contravention for which the person was given the improvement notice.