South Australian Numbered Acts South Australian Numbered Acts27—Insertion of Part 7 Division A3
Part 7—after Division A2 insert:
Division A3—Enforcement notices
63D—Enforcement notices
(1) An authorised officer may issue a notice (an "enforcement notice ) under this section for the purpose of securing compliance with a requirement imposed by or under this Act (including a standard referred to or incorporated by this Act).
(2) A notice under this section—
(a) subject to subsection (3)
, 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 a situation existing on 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; and
(e) without limiting any other provision, may be issued to any person who has performed, or is performing, any work (including work on any premises owned or occupied by another person); and
(f) must state the grounds on which the notice is issued; and
(g) 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 take specified action in a specified way, and within a specified period or at specified times or in specified circumstances;
(iii) a requirement that the person comply with any specified standard or code published by the Technical Regulator or any other specified person or body referred to in the notice;
(iv) a requirement that the person undertake specified tests or monitoring;
(v) a requirement that the person furnish to a relevant authority specified results or reports;
(vi) a requirement prescribed by the regulations; and
(h) must state that the person may, within 10 days, apply for a review of the notice.
(3) 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 (2)(g)
as reasonably required in the circumstances.
(4) An emergency enforcement 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 for a review of the notice.
(5) If an emergency enforcement 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 written notice served on the relevant person.
(6) An authorised officer may, by written notice served on a person to whom a notice under this section has been issued, vary or revoke the notice.
(7) 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.
(8) A person to whom a notice is issued under this section must not, without reasonable excuse, fail to comply with the notice.
Maximum penalty: $20 000.
(9) A person must not hinder or obstruct a person complying with a notice under this section.
Maximum penalty: $20 000.
(10) If the requirements of a notice under this section are not complied with, a relevant authority may take any action required by the notice.
(11) Action to be taken by a relevant authority under subsection (10)
may be taken on the relevant authority's behalf by an authorised officer or another person authorised by the relevant authority for the purpose.
(12) A person taking action under subsection (10)
or (11)
may enter any premises at any reasonable time.
(13) The reasonable costs and expenses incurred by a relevant authority in taking action under subsections (10)
and (11)
may be recovered by the relevant authority as a debt from the person who failed to comply with the requirements of the notice.
(14) If an amount is recoverable from a person by a relevant authority under this section, the relevant authority may, by written notice to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid.
(15) In this section—
"relevant authority" means—
(a) the Minister; or
(b) the Commission; or
(c) the Technical Regulator.