South Australian Current Acts South Australian Current Acts (1) A relevant
authority may issue a notice under this section for the purpose of—
(a)
securing compliance with a requirement imposed by or under this Act (including
the duty under Part 6 or a requirement imposed under a regulation or a
code of practice under this Act); or
(b)
averting, eliminating or minimising a risk, or a perceived risk, to
public health.
(2) Before issuing a
notice to secure compliance with the general duty under Part 6, a
relevant authority—
(a) must
have regard to—
(i)
the number of people affected, or potentially affected,
by the breach of the duty;
(ii)
the degree of harm, or potential degree of harm, to
public health on account of the breach of the duty;
(iii)
any steps that a person in breach of the duty has taken,
or proposed to take, to avoid or address the impact of the breach of the duty,
and may have regard to such other matters as the relevant authority thinks
fit; and
(b)
subject to this section, must give the person to whom it is proposed that the
notice be given a preliminary notice in writing—
(i)
stating the proposed action, including the terms of the
proposed notice and the period within which compliance with the notice will be
required; and
(ii)
stating the reasons for the proposed action; and
(iii)
inviting the person show, within a specified time (of a
reasonable period), why the proposed action should not be taken (by making
representations to the relevant authority or a person nominated to act on
behalf of the relevant authority).
(3) In a case where
subsection (2)(b) applies, a relevant authority may, after considering
representations made within the time specified under
subsection (2)(b)—
(a)
issue a notice in accordance with the terms of the original proposal; or
(b)
issue a notice with modifications from the terms of the original proposal; or
(c)
determine not to proceed further under this section.
(4) A relevant
authority—
(a) is
not required to give notice under subsection (2)(b) if it considers that
urgent or immediate action is required in the circumstances of the particular
case; and
(b) is
not required to give further notice before issuing a notice with modifications
under subsection (3)(b).
(5) A notice under
this section—
(a)
subject to subsection (6), must be in the form of a written notice served
on the person to whom it is issued; and
(b) must
specify the person to whom it is issued (whether by name or by a description
sufficient to identify the person); and
(c) may
direct 2 or more persons to do something specified in the notice jointly; and
(d)
without limiting any other provision, in the case of a notice that relates to
the condition of any premises, may be issued to any person who—
(i)
is the owner or occupier of the premises; or
(ii)
has the management or control of the premises; or
(iii)
is the trustee of a person referred to in
subparagraph (i) or (ii), or is managing the affairs of such a
person on some other basis; and
(e) must
state the purpose for which the notice is issued and give notice of the
requirement or the risk to which it relates; and
(f) may
impose any requirement reasonably required for the purpose for which the
notice is issued including 1 or more of the following:
(i)
a requirement that the person discontinue, or not
commence, a specified activity indefinitely or for a specified period or until
further notice from a relevant authority;
(ii)
a requirement that the person not carry on a specified
activity except at specified times or subject to specified conditions;
(iii)
a requirement that the person take specified action in a
specified way, and within a specified period or at specified times or in
specified circumstances;
(iv)
a requirement that the person take action to prevent,
eliminate, minimise or control any specified risk to public health, or to
control any specified activity;
(v)
a requirement that the person comply with any specified
code or standard prepared or published by a body or authority referred to in
the notice;
(vi)
a requirement that the person undertake specified tests
or monitoring;
(vii)
a requirement that the person furnish to a relevant
authority specified results or reports;
(viii)
a requirement that the person prepare, in accordance with
specified requirements and to the satisfaction of the relevant authority, a
plan of action to secure compliance with a relevant requirement or to prevent,
eliminate, minimise or control any specified risk to public health;
(ix)
a requirement prescribed under or for the purposes of the
regulations; and
(g) must
state that the person may, within 14 days, apply for a review of the
notice under the provisions of this Act.
(6) An authorised
officer may, if of the opinion that urgent action is required, issue an
emergency notice imposing a requirement of a kind referred to in
subsection (5)(f) as reasonably required in the circumstances.
(7) An emergency
notice may be issued orally (and without compliance with a requirement to give
preliminary notice) but, in that event, the person to whom the notice is
issued must be advised forthwith of the person's right to apply to the
Tribunal for a review of the order.
(8) If an emergency
notice is issued by an authorised officer, the notice will cease to have
effect on the expiration of 72 hours from the time of issuing unless
confirmed by a notice issued by a relevant authority and served on the
relevant person.
(9) A relevant
authority may, by written notice served on a person to whom a notice under
this section has been issued by the relevant authority, vary or revoke the
notice.
(10) A person to whom
a notice is issued under this section must not, without reasonable excuse,
fail to comply with the notice.
Maximum penalty: $25 000.
Expiation fee: $750.
(11) A person must not
hinder or obstruct a person complying with a notice under this section.
Maximum penalty: $25 000.
(12) The Minister may,
as the Minister thinks fit, determine various protocols that should be taken
into account by a relevant authority under this section.
(13) A protocol may
include guidance as to which relevant authority should act under this section
in various classes of cases.
(14) The Minister
should not adopt or vary a protocol under this section except after
consultation with—
(a) the
Chief Public Health Officer; and
(b) the
LGA.
(15) A relevant
authority is not required to comply with any other procedure, or to hear from
any other person, except as provided by this section before it issues a notice
under this section.