Document ID: chunk:federal_register_of_legislation:C2021A00074:clause:1_73e
Version: federal_register_of_legislation:C2021A00074
Segment Type: clause
Provision Reference: sch 1 cl 73E
Character Range: 16165–18964

73E  Restrictions on taking action under Part 8 or 10AA in relation to alleged contravention of section 73A or 73B
 (1) The Inspector‑General or an authorised compliance officer must not take action under Part 8 or 10AA in relation to an alleged contravention of section 73A or 73B unless the Inspector‑General has given the appropriate agency of the State where the contravention is alleged to have occurred a written notice stating that:
 (a) the Inspector‑General intends to take action under Part 8 or 10AA in relation to the alleged contravention; and
 (b) the appropriate agency of the State may, within 28 days after receiving the notice, notify the Inspector‑General, in writing, that the appropriate agency of the State is investigating or taking other enforcement action in relation to the conduct constituting the alleged contravention.
 (2) If:
 (a) under subsection (1), the Inspector‑General gives the appropriate agency of a State a written notice in relation to an alleged contravention; and
 (b) within 28 days after receiving the notice, the appropriate agency of the State notifies the Inspector‑General, in writing, under paragraph (1)(b);
the Inspector‑General or an authorised compliance officer must not, within 3 months after the Inspector‑General receives the notification, take action under Part 8 or 10AA in relation to the alleged contravention.
 (3) Despite subsection (2), if, within 3 months after the Inspector‑General receives a notification from the appropriate agency of a State under paragraph (1)(b), the appropriate agency of the State:
 (a) withdraws the notification by written notice to the Inspector‑General; or
 (b) requests the Inspector‑General, in writing, to take action under Part 8 or 10AA in relation to the relevant alleged contravention;
the Inspector‑General or an authorised compliance officer may, at any time after receiving the withdrawal notice or request, take action under Part 8 or 10AA in relation to the relevant alleged contravention.
 (4) A failure to comply with subsection (1) or (2) in relation to an alleged contravention does not affect the validity of any action taken by the Inspector‑General or an authorised compliance officer under this Act in relation to the alleged contravention.
 (5) A notice or notification under this section is not a legislative instrument.
 (6) To avoid doubt, subsection (2) does not prevent the Inspector‑General from exercising powers under this Act, other than under Part 8 or 10AA, during the 3 month period to which that subsection applies in relation to conduct constituting an alleged contravention of section 73A or 73B.
Note: For example, the Inspector‑General may disclose information to a State or other body under Division 5 of Part 9A.

Subdivision B—Contraventions of the Basin Plan