Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) The chief executive may give the operator of a cemetery or crematorium a notice under this subsection if—
(a) the chief executive believes on reasonable grounds that this Act has been, or is being, contravened in relation to the cemetery or crematorium; and
(b) the contravention is not an offence against this Act.
Note A reference to an Act includes a reference to statutory instruments made or in force under the Act, including any approved codes of practice (see Legislation Act, s 104).
(2) The notice under subsection (1) must—
(a) state the contravention and the reasons for the belief; and
(b) invite the operator to make written representations, within a stated period of not less than 14 days, why the operator should not be required to end the contravention, remedy the consequences of the contravention or both.
(3) If, after considering any written representations made by the operator within the stated period, the chief executive is satisfied that the operator should be required to end the contravention, remedy the consequences of the contravention or both, the chief executive may give the operator a notice under this subsection (an improvement notice ).
(4) The improvement notice—
(a) must require the operator to end the contravention, remedy the consequences of the contravention, or do both, within a stated time; and
(b) may state the action the operator must take to comply with the notice; and
(c) if the notice requires the operator to end the contravention— must state that failure to end the contravention, without reasonable excuse, within the stated time is an offence; and
(d) if the notice requires the operator to remedy the consequences of the contravention—must state that, if the operator fails to remedy the consequences within the stated time, the chief executive may arrange for action to be taken to remedy the consequences and that the operator will be liable for the cost of taking the action.