Contents (2012 - 74)
Boarding Houses Act 2012 No 74
Subdivision 4 Compliance notices
79 Issue of compliance notices by Secretary
(1) If the Secretary is of the opinion that a person is contravening a provision of this Part or the regulations for this Part, the Secretary may serve on the person a notice (a compliance notice) requiring the person to remedy the contravention within the period specified in the notice.(2) A compliance notice must:(a) give particulars of the alleged contravention, and(b) include information about rights (if any) to seek a review of the Secretary’s decision to issue the notice.Note.Section 91 (9) allows the regulations to provide for the internal review of compliance notices.(3) A compliance notice may include directions as to the measures to be taken to remedy any contravention to which the notice relates or to otherwise comply with the notice.(4) A compliance notice may offer the person to whom it is issued a choice of ways in which to remedy the contravention or to comply with the notice.
80 Failure to comply with compliance notice
A person who, without reasonable excuse, fails to comply with a requirement imposed by a compliance notice issued to the person is guilty of an offence.Maximum penalty:(a) in the case of a corporation—40 penalty units and in addition, for a continuing offence, 10 penalty units for each day the offence continues, and(b) in any other case—20 penalty units and in addition, for a continuing offence, 5 penalty units for each day the offence continues.
81 Proceedings for offences not affected by compliance notices
(1) The issue, variation or revocation of a compliance notice does not affect any proceedings for an offence against this Act or the regulations in connection with any matter in respect of which the notice was issued.(2) However, a person cannot be convicted of both an offence of failing to comply with a compliance notice and another offence against this Act or the regulations in respect of the same act or omission.