Commonwealth Consolidated Acts

AUSTRALIAN RADIATION PROTECTION AND NUCLEAR SAFETY ACT 1998 - SECT 41

             (1)  This section applies if:

                     (a)  the CEO believes, on reasonable grounds, that a controlled person is not complying with the Act or regulations in respect of a thing; and

                     (b) the CEO believes that it is necessary to exercise powers under this section in order to protect the health and safety of people or to avoid damage to the environment.

             (2)  The CEO may give written directions to a controlled person requiring the controlled person to take such steps in relation to the thing as the CEO considers appropriate.

             (3)  The controlled person must take the steps specified in the notice within the time specified in the notice.

Maximum penalty:    30 penalty units.

             (4)  As soon as possible after giving directions under subsection (2), the CEO must provide a copy of the directions to the Minister.

             (5)  The Minister must cause a copy of the directions to be tabled in each House of the Parliament within 15 sitting days of that House after the directions have been given.

             (6)  If the person does not take the steps specified in the notice within the time specified in the notice, the CEO may arrange for those steps to be taken.

             (7)  If the Commonwealth incurs costs because of arrangements made by the CEO under subsection (6), the person is liable to pay to the Commonwealth an amount equal to the costs and the amount may be recovered by the Commonwealth as a debt due to the Commonwealth in a court of competent jurisdiction.