You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (2012 - 74)
Boarding Houses Act 2012 No 74
Current version for 7 July 2017 to date (accessed 22 November 2017 at 02:57)
Part 4 Division 3 Subdivision 4
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.