sec.466Compliance notice

### sec.466 Compliance notice A compliance notice must state the following— that the chief executive, regulator or authorised officer reasonably believes the person to whom the notice is to be given— 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; the provision the chief executive, regulator or authorised officer believes is being, or has been, contravened; briefly, how it is believed the provision is being, or has been contravened; that the person must remedy the contravention within a stated reasonable period; that it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse; that, within 30 business days after the notice is given, the person may apply for an internal review of the decision to give the notice; how the person may apply for the review. The compliance notice may also state the reasonable steps that the chief executive, regulator or authorised officer is satisfied are necessary to remedy the contravention, or avoid further contravention, of the provision. If a compliance notice requires the person to do an act involving the carrying out of work, it also must give details of the work involved. If a compliance notice requires the person to refrain from doing an act, it also must state— a period for which the requirement applies; or that the requirement applies until further notice. A person to whom a compliance notice is given must comply with the compliance notice unless the person has a reasonable excuse. Maximum penalty— if the compliance notice relates to an offence—the number of penalty units that applies for the offence; or otherwise—100 penalty units. If it is an offence to contravene a provision and a compliance notice is given, the person can not be prosecuted for that offence unless the person contravenes subsection (4) in relation to the compliance notice. s 466 amd 2009 No. 24 s 969 (sec.466-ssec.1) A compliance notice must state the following— that the chief executive, regulator or authorised officer reasonably believes the person to whom the notice is to be given— 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; the provision the chief executive, regulator or authorised officer believes is being, or has been, contravened; briefly, how it is believed the provision is being, or has been contravened; that the person must remedy the contravention within a stated reasonable period; that it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse; that, within 30 business days after the notice is given, the person may apply for an internal review of the decision to give the notice; how the person may apply for the review. (sec.466-ssec.2) The compliance notice may also state the reasonable steps that the chief executive, regulator or authorised officer is satisfied are necessary to remedy the contravention, or avoid further contravention, of the provision. (sec.466-ssec.3) If a compliance notice requires the person to do an act involving the carrying out of work, it also must give details of the work involved. (sec.466-ssec.4) If a compliance notice requires the person to refrain from doing an act, it also must state— a period for which the requirement applies; or that the requirement applies until further notice. (sec.466-ssec.5) A person to whom a compliance notice is given must comply with the compliance notice unless the person has a reasonable excuse. Maximum penalty— if the compliance notice relates to an offence—the number of penalty units that applies for the offence; or otherwise—100 penalty units. (sec.466-ssec.6) If it is an offence to contravene a provision and a compliance notice is given, the person can not be prosecuted for that offence unless the person contravenes subsection (4) in relation to the compliance notice. - (a) that the chief executive, regulator or authorised officer reasonably believes the person to whom the notice is to be given— (i) is contravening a provision of this Act; or (ii) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; - (i) is contravening a provision of this Act; or - (ii) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; - (b) the provision the chief executive, regulator or authorised officer believes is being, or has been, contravened; - (c) briefly, how it is believed the provision is being, or has been contravened; - (d) that the person must remedy the contravention within a stated reasonable period; - (e) that it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse; - (f) that, within 30 business days after the notice is given, the person may apply for an internal review of the decision to give the notice; - (g) how the person may apply for the review. - (i) is contravening a provision of this Act; or - (ii) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; - (a) a period for which the requirement applies; or - (b) that the requirement applies until further notice. - (a) if the compliance notice relates to an offence—the number of penalty units that applies for the offence; or - (b) otherwise—100 penalty units.