New South Wales Consolidated Acts

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PUBLIC HEALTH ACT 2010 - SECT 23

Correction of misleading information

23 Correction of misleading information

(cf 1991 Act, s 10C)

(1) The Chief Health Officer may, by notice in writing, direct a supplier of drinking water to retract or correct any information or advice issued, by or on behalf of the supplier, to the public in relation to the safety of the supplier's drinking water if the Chief Health Officer is of the opinion that the information or advice is inaccurate, incomplete or otherwise misleading.
(2) The Chief Health Officer may specify any one or more of the form, content and manner of the retraction or correction and of its publication.
(3) A supplier of drinking water to which a direction is given under this section must not, without reasonable excuse, fail to comply with the direction.
: Maximum penalty--
(a) in the case of an individual--500 penalty units and, in the case of a continuing offence, a further 100 penalty units for each day the offence continues, or
(b) in the case of a corporation--2,000 penalty units and, in the case of a continuing offence, a further 400 penalty units for each day the offence continues.
(4) If a direction given to a supplier of drinking water is not complied with, the Chief Health Officer may take the action referred to in the direction and--
(a) unless the supplier of drinking water represents the Crown, may recover an amount equal to the cost of doing so as a debt owed by the person to the Crown, or
(b) if the supplier represents the Crown, may require the person to pay to the Secretary an amount equal to the cost of doing so.



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