Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 110

Power to issue non-disturbance notice

110. Power to issue non-disturbance notice



(1) An inspector who has entered a place under this Part may issue a
non-disturbance notice to a person who is or appears to be the occupier for
the time being of the place requiring the person to-

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

   (b)  prevent the disturbance of the specified plant, substance or other
        thing or a specified area of the place where the plant, substance 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 exercise of his or her
powers under this Act or the regulations in relation to the place or any
plant, substance 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 person to whom the notice is issued; and

   (b)  the penalty for contravening the notice; and

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

   (d)  a statement of the effect of section 117 (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 person, 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 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).