Victorian Consolidated Legislation

Dangerous Goods Act 1985 - SECT 17A

Provisional directions

17A. Provisional directions





(1) The Authority may, by instrument in writing, confer on any delegate under
section 10B(5) power to issue provisional directions under this section.

(2) Any delegate so empowered if of the opinion that any person-

   (a)  is contravening this Act; or

   (b)  has contravened this Act in circumstances that make it likely that the
        contravention will continue or be repeated-

may issue to the person a provisional direction in writing requiring the
person to remedy the contravention or likely contravention or the matters or
activities occasioning it.

(3) A provisional direction must-

   (a)  state the delegate's opinion and reasons for the opinion; and

   (b)  specify the contravention; and

   (c)  specify the day (being a day more than seven days after the direction
        is issued) before which the contravention or likely contravention or
        the matters or activities occasioning it must be remedied; and

   (d)  state that within seven days after the direction is issued the person
        may refer it to an inspector.

(4) A person to whom a provisional direction is issued may, within seven days
after the direction is issued, refer it to an inspector for confirmation or
cancellation.

(5) An inspector may-

   (a)  confirm a provisional direction, with or without modifications; or

   (b)  cancel it.

(6) A person-

   (a)  to whom a provisional direction is issued which is not referred to an
        inspector; and

   (b)  who fails to comply with the direction-

is guilty of an offence.

(7) A provisional direction confirmed by an inspector shall be deemed to be an
improvement notice issued under section 17C.



(8) A person to whom a provisional direction is issued that is confirmed by an
inspector need not comply with the direction within the first 7 days after the
direction is confirmed.