Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) If, by reason of circumstances existing at any workplace or in respect of the use or intended use of any amusement structure or temporary public stand, an inspector is of the opinion –
the inspector, by notice in writing served on the employer, responsible officer or other persons on whom a duty is imposed under this Act, may direct that employer, responsible officer or other person to take any steps that the inspector thinks fit and are specified in the notice to remedy or alleviate those circumstances.(a) that the safety or health of persons is endangered; or
(b) there is a contravention of this Act –
(2) If, in the opinion of the inspector, the circumstances existing under subsection (1) are of sufficient urgency as to warrant immediate action to remedy or alleviate them and it is not practicable to serve a notice in writing under that subsection, the inspector may give an oral direction to the employer, responsible officer or any other person on whom a duty is imposed under this Act.
(3) If an oral direction is given under subsection (2), the inspector must as soon as practicable after giving that direction serve a notice in writing in the terms of this section on the person to whom the direction was given.
(4) Without limiting subsections (1) and (2), a notice or direction may, if the circumstances referred to in those subsections constitute the carrying on of any activity, direct that activity to cease immediately.
(5) An employer, responsible officer or other person on whom a notice is served or to whom a direction is given must comply with the notice or direction.
Penalty:
In the case of –(a) a body corporate, a fine not exceeding 500 penalty units and a daily fine not exceeding 50 penalty units for each day that the body corporate fails to comply with the notice; and
(b) a natural person, a fine not exceeding 200 penalty units and a daily fine not exceeding 20 penalty units for each day that the person fails to comply with the notice.
(6) A notice referred to in subsection (4) is to specify the reasons for requiring the activity to cease.
(7) Any notice under this section may be revoked –
(a) by another notice of an inspector; or
(b) by a notice of the Director.
(8) If an employer or responsible officer considers that a notice under this section would have the effect of causing the cessation or substantial cessation of the business being carried on by the employer at the workplace, the employer or responsible officer may request the Director to confirm, modify or revoke that notice.
(9) The Director must confirm, modify or revoke the notice within 24 hours of receiving the request.
(10) Subsection (8) does not apply if an employer has applied for a review under section 41 in respect of the notice.