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OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 No. 10, 1994 - SECT 59
Effect of provisional improvement notice
59. (1) Within 7 days after a provisional improvement notice is issued under
section 58, a person to whom a copy of the notice has been issued under
subsection 58(1) or a person to whom a copy of a notice has been given under
subsection 58(5) may ask the Inspectorate or an inspector to conduct an
investigation of the matter.
(2) On the request being made, the operation of the notice is suspended
pending the determination of the matter by an inspector.
(3) As soon as possible after a request is made, an investigation must be
conducted of the work that is the subject of the disagreement, and the
inspector conducting the investigation must:
(a) confirm, vary or cancel the notice and notify the person in command
and any person to whom a copy of the notice has been given under
subsection 58(5) accordingly; and
(b) make such decisions, and exercise such powers, under Part 4, as the
inspector thinks necessary in relation to the work.
(4) If the inspector varies the notice, the notice as so varied has effect,
and, except in so far as it imposes additional obligations on any person
notified under paragraph (3)(a), is taken to have always had effect,
accordingly.
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