South Australian Consolidated Acts South Australian Consolidated Acts (1) Where an inspector
is of the opinion—
(a) that
there is an immediate risk—
(i)
to the health or safety of a person at work; or
(ii)
to the health or safety of any person in connection with
the performance of any work, or from any plant to which this Act extends by
virtue of Schedule 2; or
(b) that
there could be an immediate risk—
(i)
to the health or safety of a person at work; or
(ii)
to the health or safety of any person in connection with
the performance of any work, or from any plant to which this Act extends by
virtue of Schedule 2,
if particular action were to be taken or a particular situation were to occur,
an inspector may issue to the person apparently in control of the activity or
situation from which the risk arises or could arise (as the case may be) a
prohibition notice prohibiting the carrying on of an activity or any other
relevant action until the inspector is satisfied that adequate measures have
been taken or are in place to avert, assess, eliminate or minimise any risk.
(2) A prohibition
notice must—
(a)
identify the activity or situation from which the risk arises or would arise;
and
(b)
state the grounds of the inspector's opinion on which the notice is based.
(3) An inspector may
include in a prohibition notice directions as to the measures to be taken to
avert, assess, eliminate or minimise the risk to which the notice relates.
(4) Subject to this
Act a person who contravenes or fails to comply with a prohibition notice is
guilty of an offence.
Maximum penalty: Division 2 fine plus $20 000 for each day that the
contravention or failure continues.