Tasmanian Consolidated Acts

WORKPLACE HEALTH AND SAFETY ACT 1995 - SECT 40

      (1) Subject to subsection (2), if it appears to the Director that a workplace, or a part of a workplace, which is a building is defective by reason of being unsafe or injurious to health, the Director is to serve written notice on the employer at the workplace requiring the employer to remedy the defect.

      (2) If a workplace referred to in subsection (1) is not owned by the employer, the Director may, instead of serving notice on the employer under that subsection, serve written notice on the owner of the building or the person receiving the rent in respect of the building.

      (3) If a notice is served on the owner or a person under subsection (2), that owner or person is taken to be the employer at the workplace for the purposes of this section.

      (4) A notice under this section is to specify –

(a) the nature of the defect; and

(b) the repairs, alterations or improvements required to be made; and

(c) the time within which those repairs, alterations or improvements are to be completed.

      (5) A person on whom the notice is served must comply with the notice.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 500 penalty units; and

(b) a natural person, a fine not exceeding 200 penalty units.