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