Victorian Consolidated Legislation

Dangerous Goods Act 1985 - SECT 17B

Power to issue non-disturbance notice

17B. Power to issue non-disturbance notice



(1) An inspector who has entered a place under this Part may issue a
non-disturbance notice to the occupier or apparent occupier of the place
requiring that person-

   (a)  to stop the use or movement of, or interference with, any specified
        thing at the place; and





   (b)  to prevent the disturbance of the thing or a specified area of the
        place where the thing is located-

if the inspector reasonably believes that it is necessary to do so to
facilitate the performance of his or her functions or the exercise of his or
her powers under this Act in relation to the place or any thing at the place.

(2) A non-disturbance notice must specify the period (of no more than 7 days)
for which it applies and set out-

   (a)  the obligations of the person to whom it is issued; and

   (b)  the penalty for contravening the notice; and

   (c)  how the person may seek a review of the issue of the notice; and

   (d)  a statement of the effect of section 17I (proceedings for offences not
        affected by notices).

(3) If an inspector considers it necessary to do so, he or she may issue one
or more subsequent non-disturbance notices to an occupier or apparent
occupier, whether before or after the expiry of the previous notice, each of
which must comply with subsection (2).

(4) A person who, without reasonable excuse, fails to comply with a
non-disturbance notice issued to the person is guilty of an indictable offence
and is liable to a fine not exceeding-

   (a)  in the case of a natural person, 500 penalty units; or





   (b)  in the case of a body corporate, 2500 penalty units.

Note However, the offence may be heard and determined summarily (see section
53 of, and Schedule 4 to, the Magistrates' Court Act 1989).