Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) If the regulator believes, on reasonable grounds, that—
(a) a licence holder is not complying with this Act in relation to a thing; and
(b) it is necessary to exercise powers under this section to protect the health and safety of people or to protect the environment;
the regulator may, by written notice, direct the licence holder, within the time stated in the notice, to take stated reasonable steps relating to the thing to comply with this Act.
(2) If the regulator believes on reasonable grounds that—
(a) a person covered by a GMO licence is not complying with this Act in relation to a thing; and
(b) it is necessary to exercise powers under this section to protect the health and safety of people or to protect the environment;
the regulator may, by written notice, direct the person, within the time stated in the notice, to take stated reasonable steps relating to the thing to comply with this Act.
(3) A person must not intentionally fail to take the steps stated in a notice under subsection (1) or (2) within the time stated in the notice.
Maximum penalty:
(a) for an aggravated offence—2 000 penalty units; or
(b) in any other case—500 penalty units.
Note Aggravated offence is defined in s 38 (1).
(4) If the licence holder or the person does not take the steps stated in the notice within the time stated in the notice, the regulator may arrange for those steps to be taken.
(5) If the regulator incurs costs because of arrangements made by the regulator under subsection (4), the licence holder or the person is liable to pay to the Territory an amount equal to the cost.
Note The Legislation Act 2001 , s 177 (Recovery of amounts owing under laws) applies to the recovery of the amount.
( 6) A time stated in a notice under subsection (1) or (2) must be reasonable having regard to the circumstances.
Note This section differs from the Commonwealth Act, s 146.