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OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 112

Power to issue prohibition notice

    (1)     If an inspector reasonably believes that—

        (a)     an activity is occurring at a workplace that involves or will involve an immediate risk to the health or safety of a person; or

        (b)     an activity may occur at a workplace that, if it occurs, will involve an immediate risk to the health or safety of a person

the inspector may issue to a person who has or appears to have control over the activity a prohibition notice prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way, until an inspector has certified in writing that the matters that give or will give rise to the risk have been remedied.

    (2)     A prohibition notice must—

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

        (b)     specify the activity which the inspector believes involves or will involve the risk and the matters which give or will give rise to the risk; and

        (c)     if the inspector believes that the activity involves a contravention or likely contravention of a provision of this Act or the regulations, specify that provision and state the basis for that belief; and

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

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

        (f)     include a statement of the effect of section 117 (proceedings for offences not affected by notices).

    (3)     A prohibition notice may include directions on the measures to be taken to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in subsection (2)(c).

    (4)     A prohibition notice that prohibits the carrying on of an activity in a specified way may do so by specifying one or more of the following—

        (a)     a workplace, or part of a workplace, at which the activity is not to be carried out;

        (b)     any thing that is not to be used in connection with the activity;

        (c)     any procedure that is not to be followed in connection with the activity.

    (5)     A person to whom a prohibition notice is issued must comply with the notice.

Penalty:     500 penalty units for a natural person;

2500 penalty units for a body corporate.

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

Note to s. 112(6) amended by No. 68/2009 s. 97(Sch. item 90.23).

Note

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

    (7)     If an application for review of a decision under this section has been made under Part 10, an inspector must not give a certificate under subsection (1) in relation to the prohibition notice concerned until after the review ends.



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