Victorian Consolidated Legislation

Dangerous Goods Act 1985 - SECT 17C

Power to issue improvement notice

17C. Power to issue improvement notice



(1) If an inspector reasonably believes that a person-

   (a)  is contravening a provision of this Act; or

   (b)  has contravened such a provision in circumstances that make it likely
        that the contravention will continue or be repeated-

the inspector may issue to the person an improvement notice requiring the
person to remedy the contravention or likely contravention, or the matters or
activities causing the contravention or likely contravention.

(2) An improvement notice must-

   (a)  state the basis for the inspector's belief on which the issue of the
        notice is based; and

   (b)  specify the provision of this Act that the inspector considers has
        been, or is likely to be, contravened; and

   (c)  specify a date (with or without a time) by which the person is
        required to remedy the contravention or likely contravention, or the
        matters or activities causing the contravention or likely
        contravention, that the inspector considers is reasonable having
        regard to the severity of any relevant risks and the nature of the
        contravention or likely contravention; and

   (d)  set out the penalty for contravening the notice; and

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

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

(3) An improvement notice may include directions concerning the measures to be
taken to remedy the contravention or likely contravention, or the matters or
activities causing the contravention or likely contravention, to which the
notice relates and may, in particular, include-

   (a)  a direction that if the person has not remedied the contravention,
        likely contravention, matters or activities (as the case may be) by
        the date and time (if any) specified in the notice, an activity to
        which the notice relates is to cease until an inspector has certified
        in writing that the contravention, likely contravention, matters or
        activities have been remedied; and

   (b)  interim directions, or interim conditions on the carrying on of any
        activities to which the notice relates, that the inspector considers
        necessary to minimise risks to the safety of any person or of damage
        to any property.

(4) A person to whom an improvement notice is issued must comply with the
notice.

Penalty: 500 penalty units for a natural person; 2500 penalty units for a body
corporate.

(5) An offence against subsection (4) is an indictable offence.

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

(6) If an application for a review of a decision under this section has been
made under Part IIA, an inspector must not give a certificate under subsection
(3)(a) in relation to the improvement notice concerned until after the review
ends.