Northern Territory Consolidated Acts

WORK HEALTH ACT - SECT 40

40. Authority may issue improvement notice

(1) Where the Authority is of the opinion that a person -

(a) is contravening this Act; or

(b) has contravened this Act in circumstances that make it likely that the contravention will continue or be repeated,

it may issue to the person an improvement notice requiring the person to remedy the contravention or the matters or activities giving rise to its opinion that the contravention will be repeated.

(2) An improvement notice shall -

(a) state that the Authority is of the opinion that the person -

(i) is contravening this Act; or

(ii) has contravened this Act in circumstances that make it likely that the contravention will continue or be repeated;

(b) state the reasons for that opinion;

(c) specify the provision of this Act in respect of which that opinion is held; and

(d) specify the day (being a day later than 7 days after the day on which the notice is issued) before which the person is required to remedy the contravention or the matters or activities giving rise to its opinion that the contravention will be repeated.

(3) A person -

(a) to whom an improvement notice is issued and in relation to which an appeal has not been made under section 43; and

(b) who contravenes or fails to comply with it,

is guilty of a regulatory offence.

Penalty: In the case of a body corporate - $10,000.

In the case of a natural person - $2,000, or imprisonment for 6 months.

Default penalty: In the case of a body corporate - $500.

In the case of a natural person - $100.