South Australian Consolidated Acts South Australian Consolidated Acts (1) Where an inspector
is of the opinion that a person—
(a) is
contravening a provision of this Act; or
(b) has
contravened a provision of this Act in circumstances that make it likely that
the contravention will be repeated,
the inspector may issue an improvement notice requiring the person to whom the
notice is addressed to remedy the matters occasioning the contravention or
likely contravention.
(2) An improvement
notice must—
(a)
state that the inspector is of the opinion that a person—
(i)
is contravening a provision of this Act; or
(ii)
has contravened a provision of this Act in circumstances
that make it likely that the contravention will be repeated; and
(b)
state the grounds of the inspector's opinion; and
(c)
specify the provision of this Act in respect of which that opinion is held;
and
(d) make
provision for a statement (a "statement of compliance ) that is to be
completed by the person required to comply with the notice when the matters to
which the notice relates have been remedied.
(3) An inspector
may—
(a)
include in an improvement notice directions as to the measures to be taken to
remedy the contravention, or to avoid further contravention, of the Act;
(b)
specify in an improvement notice a day by which the matters referred to in the
notice must be remedied.
(4) Subject to this
Act, a person who contravenes or fails to comply with an improvement notice is
guilty of an offence.
Maximum penalty: Division 3 fine.
Expiation fee: $315.
(5) The person
required to comply with an improvement notice must, within 5 business days
after the matters to which the notice relates have been remedied in accordance
with the requirements of the notice, complete and return to the Department the
relevant statement of compliance.
Maximum penalty: Division 7 fine.
Expiation fee: $315.
(6) An expiation
notice cannot be issued under subsection (5) after the third anniversary
of the commencement of that subsection.