Public Health (Alcohol) Act 2018
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Compliance notice | ||
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30. (1) Where an authorised officer is satisfied that a person has contravened a provision to which this section applies, the authorised officer may serve a notice (in this Act referred to as a “compliance notice”) on the person. | ||
(2) A compliance notice shall— | ||
(a) state the grounds for the authorised officer being satisfied that there has been a contravention referred to in subsection (1), | ||
(b) for the purpose of ensuring compliance by the person concerned with a provision to which this section applies, require the person to do or refrain from doing such act or acts as is or are specified in the notice by such date as is so specified, and | ||
(c) contain information regarding the bringing of an appeal under subsection (5) against the notice, including the manner in which an appeal shall be brought. | ||
(3) A compliance notice shall not specify a date in accordance with subsection (2)(b) that falls on or before the date by which an appeal under subsection (5) may be brought. | ||
(4) An authorised officer may— | ||
(a) withdraw a compliance notice at any time, as he or she consider appropriate, or | ||
(b) where no appeal is brought under subsection (5), specify a date extending the period specified in the notice for the purposes of subsection (2)(b), and notify the person in writing accordingly. | ||
(5) A person may appeal a compliance notice served on him or her to the District Court not later than 14 days after the service of the compliance notice concerned. | ||
(6) The authorised officer and the appellant concerned shall be entitled to be heard and to adduce evidence at the hearing of an appeal under subsection (5). | ||
(7) The District Court shall, upon an appeal under subsection (5), do one of the following: | ||
(a) affirm the compliance notice concerned; or | ||
(b) direct the authorised officer to withdraw the compliance notice concerned. | ||
(8) An authorised officer shall comply with a direction under subsection (7)(b). | ||
(9) A person who fails to comply with a compliance notice by the specified date shall be guilty of an offence. | ||
(10) This section shall not operate to prevent or restrict— | ||
(a) the entitlement of any person to bring proceedings for the purpose of securing compliance with this Act by a person, or | ||
(b) the bringing or prosecuting of any proceedings for an offence under this Act. | ||
(11) In this section “specified date” means, in relation to a compliance notice— | ||
(a) the date specified in the notice in accordance with paragraph (b) of subsection (2), where no appeal against the notice is brought under subsection (5), or | ||
(b) the day falling immediately after the expiration of the period of 7 days from the date on which the District Court so affirms the notice, where an appeal against the notice is brought under subsection (5) and the District Court affirms the notice in accordance with paragraph (a) of subsection (7). | ||
(12) This section applies to sections 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 22 and any regulation under section 23 that is declared to be a penal provision. |