Document ID: chunk:federal_register_of_legislation:C2015C00248:section:98
Version: federal_register_of_legislation:C2015C00248
Segment Type: section
Provision Reference: s 98
Character Range: 95994–97406

98  Power to issue improvement notices
 (1) If, having conducted an investigation, an inspector thinks that a person:
 (a) is contravening a provision of this Act or the regulations; or
 (b) has contravened a provision of this Act or the regulations and is likely to contravene that provision again;
the inspector may issue an improvement notice, in writing, to the person in command.
 (2) The notice must:
 (a) specify the contravention of this Act or the regulations that the inspector thinks is occurring or is likely to occur; and
 (b) set out the reasons why the inspector thinks the contravention of this Act or the regulations is occurring or is likely to occur; and
 (c) specify a period, being a period that the inspector thinks reasonable, within which the person in command is to take the action necessary to prevent any further contravention or to prevent the likely contravention, as the case may be.
 (3) The notice may specify action that the person in command is to take during the period specified in the notice.
 (4) If the inspector thinks it is appropriate to do so, the inspector may, in writing and before the end of the period, extend the period specified in the notice.
 (5) The person in command must ensure that the notice is complied with to the extent that it relates to any matter over which the person has control.
Penalty for a contravention of subsection (5): 100 penalty units.