Victorian Consolidated Legislation

Equipment (Public Safety) Act 1994 - SECT 19

Power to issue non-disturbance notice

19. Power to issue non-disturbance notice



(1) An inspector who, under this Part, has entered a place that is an
equipment site may issue a non-disturbance notice to the site manager
requiring the site manager-

   (a)  to stop the use or movement of, or interference with, any specified
        prescribed equipment or other thing associated with that equipment;
        and

   (b)  to prevent the disturbance of the equipment or other thing or a
        specified area of the place where the equipment or other 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 or the regulations in relation to the place or any
equipment or other 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 site manager; and

   (b)  the penalty for contravening the notice; and

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

   (d)  a statement of the effect of section 19G (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 a site manager, 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).