New South Wales Consolidated Acts

RADIATION CONTROL ACT 1990 - SECT 18

18 Notices to take action

(1) An authorised officer may serve a notice under this section on a person if the authorised officer believes on reasonable grounds that:

(a) any requirement under this Act, the regulations or the conditions of a licence or registration is not being complied with and the person is responsible for complying with it, or

(b) the person is responsible for any unnecessary exposure to or contamination by radiation.

(2) The notice:

(a) is to be in writing, and

(b) may contain a direction requiring the person on whom it is served to take specified steps to comply with the direction within a specified time, and

(c) is to contain a statement to the effect that the person on whom the notice is served is entitled, within 7 days after receiving the notice or within such further time as the Authority may allow, to make a submission to the Authority as to why the person should not comply with the direction concerned.

(3) The Authority must, as soon as practicable after the authorised officer issues the notice, advise the Council about the notice.

(4) If the person on whom the notice is served fails to make a submission to the Authority within the period allowed or does so but the Authority confirms the notice (with or without variation), the person must comply with the notice.

Maximum penalty: 200 penalty units.

(5) The person may appeal to the District Court against a decision of the Authority under this section and the following provisions apply to the appeal:

(a) there is no requirement to comply with the notice pending determination of the appeal, unless the appeal is withdrawn,

(b) the appeal is to be in accordance with the rules of the District Court,

(c) the appeal is to be by way of a new hearing and new evidence can be given on the appeal,

(d) the decision of the Court is final and is to be given effect to by the Authority.