Australian Capital Territory Numbered Acts

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WASTE MANAGEMENT AND RESOURCE RECOVERY ACT 2016 (NO. 51 OF 2016) - SECT 62

Direction to comply with approved code

    (1)     An authorised person may give a person a written direction to rectify a breach of an approved code of practice if the authorised person believes on reasonable grounds that—

        (a)     the person has been, is or is likely to be, in breach of a requirement of the code; and

        (b)     the person has not previously been convicted, or found guilty, of an offence under section 61.

    (2)     A direction must—

        (a)     state the requirement of the approved code of practice that has been breached and the conduct constituting the breach; and

        (b)     state a reasonable time within which the direction must be complied with; and

        (c)     include a statement that the person may be prosecuted under section 61 if the person fails to comply with the direction.

    (3)     The authorised person may withdraw a written direction if, after giving the direction to a person, the authorised person discovers that the person has previously been convicted, or found guilty, of an offence under section 61.



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