Document ID: chunk:federal_register_of_legislation:C2013A00131:clause:1_18mma
Version: federal_register_of_legislation:C2013A00131
Segment Type: clause
Provision Reference: sch 1 cl 18MMA
Character Range: 28026–30406

18MMA  Notices to remedy

Trade measurement inspector may give notice to remedy
 (1) A trade measurement inspector may give a person a notice to remedy if permitted to do so under this Act.
 (2) A notice to remedy is a notice that complies with subsections (3), (4) and (5).

Requirements for notice
 (3) A notice to remedy must:
 (a) be in writing; and
 (b) set out the name of the person to whom it is given; and
 (c) set out the name of the trade measurement inspector who gave the notice; and
 (d) state that the notice is a notice to remedy given under this Act; and
 (e) state the remedy period for the notice in accordance with subsection (5); and
 (f) set out brief details of the reasons why the notice has been given; and
 (g) specify the provision or provisions which the trade measurement inspector reasonably believes has, or have, been contravened; and
 (h) explain the consequences of failing to comply with the notice; and
 (i) set out any other matters prescribed by the regulations.
 (4) A notice to remedy may include a condition permitted under this Act.
 (5) The remedy period must:
 (a) be a period of no more than 28 days; and
 (b) begin the day after the notice to remedy is given.

Effect of notice
 (6) To avoid doubt, the giving of a notice to remedy to a person does not affect the liability of the person for a contravention of this Act that is alleged to have occurred before or after the remedy period to which the notice to remedy relates.

Definition—like articles
 (7) For the purposes of determining if a notice to remedy may be given under a provision of this Act for a contravention, an article (the second article) is a like article in relation to the article to which the contravention relates (the first article) if:
 (a) the second article is the same as, or substantially similar to, the first article; and
 (b) if the first article is packed in advance ready for sale:
 (i) the second article is packed in advance ready for sale; and
 (ii) the second article is packaged in the same way as, or a substantially similar way to, the first article; and
 (iii) the markings on the package in which the second article is packed are the same as, or substantially similar to, the markings on the package in which the first article is packed.

Notice to remedy not legislative instrument
 (8) A notice to remedy is not a legislative instrument.