South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to
subsection (2), where a person is required by an improvement notice or
prohibition notice to take any specified measures and the person fails to
comply with the notice, the inspector who issued the notice may have those
measures carried out and, for that purpose, the inspector or any person
authorised by the inspector may, after giving reasonable notice to the person
required to take the measures, enter and take possession of any workplace, or
any other place where any plant to which this Act extends by virtue of
Schedule 2 is situated (taking such measures as are reasonably necessary for
the purpose) and do, or cause to be done, such things as full and proper
compliance with the notice may require.
(2) If a person who
has been required by an improvement notice or prohibition notice to take
specified measures stops using plant that is subject to the notice and
satisfies an inspector that the plant will not be used again until the notice
is complied with, action may not be taken under subsection (1) in
relation to that plant (unless the plant is used again before the notice is
complied with).
(3) If a person
referred to in subsection (2) uses plant that is not to be used again
until an improvement notice or prohibition notice is complied with before that
notice is complied with, the person is guilty of an offence.
Maximum penalty: Division 3 fine.
(4) The Crown may
recover the costs and expenses reasonably incurred in an inspector or other
authorised person exercising the powers under subsection (1) from the
person who failed to comply with the notice, as a debt in a court of competent
jurisdiction.