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EXPLOSIVES REGULATION 2017 - REG 180
Notice may be given if safety and health census not given or is inadequate
180 Notice may be given if safety and health census not given or is inadequate
(1) This section applies if the CEO reasonably believes, based on information
available to the CEO, that the holder of an authority— (a) has not given a
safety and health census under section 179 ; or
(b) has given a safety and
health census that— (i) contains information that is incorrect; or
(ii) is
incomplete.
(2) The CEO may give the holder of the authority a notice that—
(a) states each of the following— (i) the ground mentioned in subsection (1)
(a) or (b) the CEO reasonably believes applies in relation to the holder;
(ii) if the ground is the ground mentioned in subsection (1) (b) (i) —the
information the CEO reasonably believes is incorrect;
(iii) the amount of the
safety and health fee the CEO reasonably believes is payable by the holder;
(iv) the facts and circumstances forming the basis for the beliefs mentioned
in subparagraphs (i) to (iii) ; and
(b) invites the holder to give the CEO,
within the reasonable period stated in the notice, a submission as to why the
holder should not be invoiced for the amount mentioned in paragraph (a) (iii)
.
(3) The CEO must consider any submissions given by the holder of the
authority within the period stated in the notice.
(4) If, after complying
with subsection (3) , the CEO is satisfied an amount of a safety and health
fee is payable by the holder of the authority, the CEO may give the holder an
invoice for the fee.
(5) Subsection (4) applies even if the holder of the
authority has already been given an invoice for, or paid, a different amount
for the fee.
(6) The holder of the authority must pay the amount of the
safety and health fee stated in the invoice within 30 days after receiving the
invoice.
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