Queensland Consolidated Acts

COAL MINING SAFETY AND HEALTH ACT 1999 - SECT 267I

267I Giving of penalty notice

(1) This section applies if—

(a) the period stated in the proposed penalty notice under section 267G (3) (d) has ended; and

(b) the CEO has considered any submission made under section 267H ; and

(c) the CEO is satisfied—

(i) the civil penalty obligation mentioned in the proposed penalty notice has been contravened; and

(ii) the relevant corporation is liable to a civil penalty on the grounds of the contravention.

(2) The CEO may decide to impose a civil penalty on the corporation on the grounds of the contravention.

(3) If the CEO makes a decision under subsection (2) , the CEO must give the corporation a notice (a
"penalty notice" ) stating each of the following matters—

(a) the CEO has decided to impose a civil penalty on the corporation;

(b) the reasons for the decision;

(c) the amount of the penalty and the day by which it must be paid;

(d) that the corporation may appeal to an Industrial Magistrates Court against the decision within 28 days after the corporation is given the penalty notice;

(e) how to appeal.

(4) The day for payment stated under subsection (3) (c) must not be less than 28 days after the penalty notice is given to the corporation.

(5) The State may recover the penalty from the corporation as a debt.