Document ID: chunk:federal_register_of_legislation:C2024C00639:section:88
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 88
Character Range: 132819–134524

88  Improvement notices
 (1) The Minister may give an administrator of an approved co‑regulatory arrangement a notice (an improvement notice) under this section if the Minister:
 (a) believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with section 81 (administrator to achieve outcomes); and
 (b) is satisfied that it is in the public interest to do so.
 (2) The notice must:
 (a) specify the grounds on which the Minister believes that the administrator has not complied, or is unlikely to comply, with section 81; and
 (b) specify a reasonable period within which the administrator must take the action necessary to comply with section 81.
 (3) The notice may specify action that the administrator must take during the period.
 (4) Before the end of the period, the Minister may extend the period in writing.

Varying or revoking a notice
 (5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.
 (6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.
 (7) An administrator must comply with an improvement notice given to the administrator under this section.

Strict liability offence
 (8) A person commits an offence of strict liability if the person contravenes subsection (7).
Penalty: 60 penalty units.

Civil penalty provision
 (9) A person is liable to a civil penalty if the person contravenes subsection (7).
Civil penalty: 250 penalty units.

Division 5—Other matters relating to co‑regulatory product stewardship