Queensland Consolidated Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 44C

44C Improvement notices

(1) This section applies if an authorised person reasonably believes 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 the contravention will continue or be repeated.

(2) The authorised person may, by written notice (an
"improvement notice" ) given to the person, require the person to remedy—

(a) the contravention or likely contravention; or

(b) the things or operations causing the contravention or likely contravention.

(3) The improvement notice must state—

(a) that the authorised person believes the 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 continue or be repeated; and

(b) the provision the authorised person believes is being, or has been, contravened; and

(c) briefly, how the provision is being, or has been, contravened; and

(d) the reasonable steps the person must take to remedy the contravention or likely contravention; and

(e) that the person must take the steps within a stated reasonable period.

(4) The person must comply with the notice, unless the person has a reasonable excuse.

Penalty—

Maximum penalty for subsection (4) —50 penalty units.