South Australian Numbered Acts South Australian Numbered 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 or institute an appeal against 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 appeal to the District Court against 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.