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Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 7 July 2017 to date (accessed 20 November 2017 at 18:41)
Part 10 Division 1
Division 1 Improvement notices
191   Issue of improvement notices
(1)  This section applies if an inspector reasonably believes that a person:
(a)  is contravening a provision of this Act, or
(b)  has contravened a provision in circumstances that make it likely that the contravention will continue or be repeated.
(2)  The inspector may issue an improvement notice requiring the person to:
(a)  remedy the contravention, or
(b)  prevent a likely contravention from occurring, or
(c)  remedy the things or operations causing the contravention or likely contravention.
192   Contents of improvement notices
(1)  An improvement notice must state:
(a)  that the inspector believes the person:
(i)  is contravening a provision of this Act, or
(ii)  has contravened a provision in circumstances that make it likely that the contravention will continue or be repeated, and
(b)  the provision the inspector believes is being, or has been, contravened, and
(c)  briefly, how the provision is being, or has been, contravened, and
(d)  the day by which the person is required to remedy the contravention or likely contravention.
(2)  An improvement notice may include directions concerning the measures to be taken to remedy the contravention or prevent the likely contravention, or the matters or activities causing the contravention or likely contravention, to which the notice relates.
(3)  The day stated for compliance with the improvement notice must be reasonable in all the circumstances.
193   Compliance with improvement notice
The person to whom an improvement notice is issued must comply with the notice within the period specified in the notice.
Maximum penalty:
(a)  in the case of an individual—$50,000, or
(b)  in the case of a body corporate—$250,000.
194   Extension of time for compliance with improvement notices
(1)  This section applies if a person has been issued with an improvement notice.
(2)  An inspector may, by written notice given to the person, extend the compliance period for the improvement notice.
(3)  However, the inspector may extend the compliance period only if the period has not ended.
(4)  In this section:
compliance period means the period stated in the improvement notice under section 192, and includes that period as extended under this section.