South Australian Numbered Acts

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SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011 (NO 21 OF 2011) - SECT 93

93—Action on non-compliance with notice

        (1)         If the requirements of a notice under this Part are not complied with, a relevant authority may take any action required by the notice.

        (2)         Action to be taken by a relevant authority under subsection (1) may be taken on the relevant authority's behalf by an authorised officer, a member of the Department, or another person authorised by the relevant authority for the purpose.

        (3)         A person taking action under this section may enter any relevant premises at any reasonable time.

        (4)         The reasonable costs and expenses incurred by a relevant authority in taking action under this section may be recovered by the relevant authority as a debt from the person who failed to comply with the requirements of the notice.

        (5)         If an amount is recoverable from a person by a relevant authority under this section, the relevant authority may, by notice in writing 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.

        (6)         In addition, where an amount recoverable under this section relates to action taken in relation to any land (including a building or other structure on land), the amount will be a charge on the land in favour of the relevant authority in accordance with a scheme prescribed by the regulations (with a priority determined in accordance with the regulations).



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