sec.468Regulator may engage expert and recover costs

### sec.468 Regulator may engage expert and recover costs This section applies if the regulator— reasonably believes a person is contravening, or has contravened, a provision of this Act; and reasonably considers the suspected contravention— has had, may have had, or may have an adverse effect on public health; or is a matter about which the regulator requires expert advice including, for example, a matter involving complex operational or technical issues. The regulator may engage an expert with suitable qualifications, expertise or experience to investigate and give advice about matters relevant to the suspected contravention. If, after receiving the expert’s advice, the regulator reasonably believes the person is contravening or has contravened a provision of this Act, the regulator may give the person a notice claiming a stated amount (the claimed amount ) for the reasonable expenses incurred by the regulator in engaging the expert. The notice must— state the claimed amount; and include a description of the reasonable expenses giving rise to the claimed amount; and state that if the person does not pay the claimed amount to the regulator within 30 days after the day the notice is given, the regulator may recover the amount, and any interest payable on the amount under subsection (6) , from the person as a debt; and include or be accompanied by an information notice for the regulator’s decision about whether the person is contravening, or has contravened, a provision of this Act. However, if the person has applied under section 512 for a review of the regulator’s decision about whether the person is contravening, or has contravened, a provision of this Act, the regulator can not recover the amount— until the internal review has been concluded; and unless the review decision confirms the regulator’s decision. If the person does not pay the claimed amount to the regulator within 30 days after the day the notice is given, the amount, and any interest payable on the amount under subsection (6) , may be recovered by the regulator as a debt. A claimed amount that is a debt under subsection (5) bears interest at the rate stated in a regulation. s 468 sub 2009 No. 46 s 145 amd 2014 No. 16 s 86 (sec.468-ssec.1) This section applies if the regulator— reasonably believes a person is contravening, or has contravened, a provision of this Act; and reasonably considers the suspected contravention— has had, may have had, or may have an adverse effect on public health; or is a matter about which the regulator requires expert advice including, for example, a matter involving complex operational or technical issues. (sec.468-ssec.2) The regulator may engage an expert with suitable qualifications, expertise or experience to investigate and give advice about matters relevant to the suspected contravention. (sec.468-ssec.3) If, after receiving the expert’s advice, the regulator reasonably believes the person is contravening or has contravened a provision of this Act, the regulator may give the person a notice claiming a stated amount (the claimed amount ) for the reasonable expenses incurred by the regulator in engaging the expert. (sec.468-ssec.4) The notice must— state the claimed amount; and include a description of the reasonable expenses giving rise to the claimed amount; and state that if the person does not pay the claimed amount to the regulator within 30 days after the day the notice is given, the regulator may recover the amount, and any interest payable on the amount under subsection (6) , from the person as a debt; and include or be accompanied by an information notice for the regulator’s decision about whether the person is contravening, or has contravened, a provision of this Act. (sec.468-ssec.4A) However, if the person has applied under section 512 for a review of the regulator’s decision about whether the person is contravening, or has contravened, a provision of this Act, the regulator can not recover the amount— until the internal review has been concluded; and unless the review decision confirms the regulator’s decision. (sec.468-ssec.5) If the person does not pay the claimed amount to the regulator within 30 days after the day the notice is given, the amount, and any interest payable on the amount under subsection (6) , may be recovered by the regulator as a debt. (sec.468-ssec.6) A claimed amount that is a debt under subsection (5) bears interest at the rate stated in a regulation. - (a) reasonably believes a person is contravening, or has contravened, a provision of this Act; and - (b) reasonably considers the suspected contravention— (i) has had, may have had, or may have an adverse effect on public health; or (ii) is a matter about which the regulator requires expert advice including, for example, a matter involving complex operational or technical issues. - (i) has had, may have had, or may have an adverse effect on public health; or - (ii) is a matter about which the regulator requires expert advice including, for example, a matter involving complex operational or technical issues. - (i) has had, may have had, or may have an adverse effect on public health; or - (ii) is a matter about which the regulator requires expert advice including, for example, a matter involving complex operational or technical issues. - (a) state the claimed amount; and - (b) include a description of the reasonable expenses giving rise to the claimed amount; and - (c) state that if the person does not pay the claimed amount to the regulator within 30 days after the day the notice is given, the regulator may recover the amount, and any interest payable on the amount under subsection (6) , from the person as a debt; and - (d) include or be accompanied by an information notice for the regulator’s decision about whether the person is contravening, or has contravened, a provision of this Act. - (a) until the internal review has been concluded; and - (b) unless the review decision confirms the regulator’s decision.