Northern Territory Consolidated Acts Northern Territory Consolidated Acts41. Authority may issue prohibition notice
(1) Where the Authority is of the opinion that at a workplace there is occurring or may occur an act which involves or will involve an immediate risk to the health or safety of a person, it may issue to the person who has or it reasonably believes has control over the act or the activity in which the act may occur a prohibition notice prohibiting the continuation of the act or the carrying out of the activity until the Authority certifies in writing that the immediate risk has been removed or, in its opinion, the act will not occur.
(2) A prohibition notice shall -
(a) state that the Authority is of the opinion that in the workplace there is occurring or may occur an act which involves or will involve an immediate risk to the health or safety of a person;
(b) state the reasons for that opinion;
(c) specify the act which, in the Authority's opinion, involves or will involve the risk and the matters which give or will give rise to the risk; and
(d) where in the Authority's opinion the act involves or will involve a contravention or likely contravention of this Act, specify the relevant provision and state the reasons for that opinion.
(3) A person -
(a) to whom a prohibition notice is issued and in relation to which an appeal has not been made under section 43; and
(b) who contravenes or fails to comply with it,
is guilty of a regulatory offence.
Penalty: In the case of a body corporate - $15,000.
In the case of a natural person - $3,000, or imprisonment for 6 months.
Default penalty: In the case of a body corporate - $1,000.
In the case of a natural person - $200.
(4) Where an appeal has been made under section 43, against a prohibition notice, the Authority shall not certify under subsection (1) until after the appeal is withdrawn or decided.
(5) Where the Authority issues a prohibition notice in respect of an act relating to the use of any plant at a workplace, the Authority may place a mark on the plant, or any part of the plant, to indicate that the plant, or the part so marked, is not to be used until the Authority certifies, under subsection (1), in respect of the act in respect of which the prohibition notice was issued.
(6) A person who -
(a) uses any plant, or a part of any plant, on which a mark has been placed; or
(b) without the permission of the Authority, removes, obliterates or otherwise interferes with a mark placed on any plant, or a part of any plant,
under subsection (5) is guilty of a regulatory offence.
Penalty: In the case of a body corporate - $15,000.
In the case of a natural person - $3,000 or imprisonment for 6 months.
Default Penalty: In the case of a body corporate - $1,000.
In the case of a natural person - $200.