(5) A person to whom a prohibition notice is issued must comply with the notice. 500 penalty units for a natural person; 2500 penalty units for a body corporate. (6) An offence against subsection (5) is an indictable offence. Note Note to s. 17D(6) However, the offence may be heard and determined amended by No. 68/2009 summarily (see section 28 of the Criminal Procedure s. 97(Sch. Act 2009). item 44.3). (7) If an application for a review of a decision under this section has been made under Part IIA, an inspector must not give a certificate under subsection (1) in relation to the prohibition notice concerned until after the review ends. 17E Directions or conditions in notices S. 17E inserted by No. 31/2005 A direction or condition included in an s. 12. improvement notice or prohibition notice may— (a) refer to a code of practice; and (b) offer the person to whom it is issued a choice of ways in which to remedy the contravention, likely contravention, matters or activities concerned. 17F Variation or cancellation of notices S. 17F inserted by No. 31/2005 A non-disturbance notice, improvement notice or s. 12. prohibition notice issued by an inspector may only be varied or cancelled by the Authority. Note The Authority may vary or cancel such a notice in the same way that an inspector may make the notice (see section 41A of the Interpretation of Legislation Act 1984). 17G Service of directions and notices S. 17G inserted by No. 31/2005 s. 12.
(5) A person to whom a prohibition notice is issued must comply with the notice. 500 penalty units for a natural person; 2500 penalty units for a body corporate. (6) An offence against subsection (5) is an indictable offence. Note to s. 17D(6) amended by No. 68/2009 s. 97(Sch. item 44.3). Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009). (7) If an application for a review of a decision under this section has been made under Part IIA, an inspector must not give a certificate under subsection (1) in relation to the prohibition notice concerned until after the review ends. S. 17E inserted by No. 31/2005 s. 12. 17E Directions or conditions in notices A direction or condition included in an improvement notice or prohibition notice may— (a) refer to a code of practice; and (b) offer the person to whom it is issued a choice of ways in which to remedy the contravention, likely contravention, matters or activities concerned. S. 17F inserted by No. 31/2005 s. 12. 17F Variation or cancellation of notices A non-disturbance notice, improvement notice or prohibition notice issued by an inspector may only be varied or cancelled by the Authority. Note The Authority may vary or cancel such a notice in the same way that an inspector may make the notice (see section 41A of the Interpretation of Legislation Act 1984). S. 17G inserted by No. 31/2005 s. 12. 17G Service of directions and notices
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