DANGEROUS GOODS ACT 1985 - SECT 17C Power to issue improvement notice

DANGEROUS GOODS ACT 1985 - SECT 17C

    (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 to s. 17C(5) amended by No. 68/2009 s. 97(Sch. item 44.2).

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009 ).

    (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.

S. 17D inserted by No. 31/2005 s. 12.