Western Australian Current Acts Western Australian Current Acts (1) If the Authority
is satisfied that a licensee has failed to comply with a condition of a
licence, the Authority may give a notice (a rectification notice ) to the
licensee requiring the licensee to rectify the failure within a specified
period.
(2) The rectification
notice must set out —
(a) the
condition that the Authority is satisfied the licensee has failed to comply
with; and
(b) what
the licensee must do to rectify the failure; and
(c) the
time within which the licensee must comply with the notice.
(3) The rectification
notice may be amended or revoked.
(4) If the Authority
is satisfied that the licensee has failed to comply with the rectification
notice the Authority may do one or more of the following —
(a)
order the licensee to pay a monetary penalty determined by the Authority of up
to —
(i)
for an individual — $30 000; and
(ii)
for a body corporate — $150 000;
(b)
remedy the failure to comply that gave rise to the giving of the rectification
notice;
(c)
subject to section 17(2) — amend the licence under section 17.
(5) Persons authorised
by the Authority for the purposes of this subsection may enter any place, in
accordance with Part 8, and do all things necessary for the purposes of
subsection (4)(b).
(6) The Authority may
recover from the licensee a penalty imposed under subsection (4)(a) in a court
of competent jurisdiction as a debt due by the licensee to the State.
(7) A monetary penalty
received by the Authority must be credited to the Consolidated Account.
(8) The Authority may
recover its reasonable costs and expenses of any action taken under subsection
(4)(b) from the licensee, and may seek an order for the recovery of those
costs and expenses in a court of competent jurisdiction.
(9) Section 17(3) does
not have effect in relation to an amendment of a licence for the purposes of
subsection (4)(c).