Queensland Consolidated Acts

PUBLIC HEALTH (INFECTION CONTROL FOR PERSONAL APPEARANCE SERVICES) ACT 2003 - SECT 111

111 Remedial notice

(1) This section applies if an authorised person reasonably believes—

(a) a business proprietor, or an operator employed or otherwise engaged by the proprietor—

(i) is contravening a provision of this Act; or

(ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and

(b) a matter relating to the contravention is capable of being remedied; and

(c) it is appropriate to give the business proprietor an opportunity to remedy the matter; and

(d) for a business proprietor who is a licensee, a local government has not given a show cause notice to the business proprietor under section 52 relating to the contravention.

(2) The authorised person may give the business proprietor a notice (a
"remedial notice" ) requiring the business proprietor to remedy the contravention or have the contravention remedied.

(3) The remedial notice must state the following—

(a) that the authorised person reasonably believes the business proprietor or operator—

(i) is contravening a provision of this Act; or

(ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated;

(b) the provision the authorised person believes is being, or has been, contravened (the
"relevant provision" );

(c) briefly, how it is believed the relevant provision is being, or has been, contravened;

(d) that the business proprietor must remedy the contravention or have the contravention remedied within a stated reasonable time;

(e) that it is an offence to fail to comply with the remedial notice unless the business proprietor has a reasonable excuse.

(4) The remedial notice may also state the steps that the authorised person reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the relevant provision.

(5) The business proprietor must comply with the remedial notice unless the business proprietor has a reasonable excuse.

Penalty—

Maximum penalty—

(a) if a contravention of the relevant provision is an offence—the maximum penalty for contravening the relevant provision;

(b) otherwise—20 penalty units.

(6) If it is an offence to contravene the relevant provision for which a remedial notice has been issued, the business proprietor can not be prosecuted for that offence unless the person fails to comply with the remedial notice and does not have a reasonable excuse for the noncompliance.

(7) A local government may prosecute a business proprietor or operator for the contravention of a relevant provision without an authorised person first issuing a remedial notice for the contravention.