Queensland Consolidated Acts

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TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 44C

Improvement notices

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.



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