Document ID: chunk:federal_register_of_legislation:C2015C00248:section:93
Version: federal_register_of_legislation:C2015C00248
Segment Type: section
Provision Reference: s 93
Character Range: 93051–94449

93  Power to issue prohibition notices
 (1) If, having conducted an investigation, an inspector thinks that it is reasonably necessary to issue a prohibition notice to the operator in order to remove an immediate threat to the health or safety of any person, the inspector must issue such a notice in writing to the person in command.
 (2) The notice must specify the activity in respect of which, the inspector thinks, the threat to health or safety has arisen, and set out the reasons for so thinking.
 (3) The notice must also either:
 (a) direct the operator to ensure that the activity is not engaged in; or
 (b) direct the operator to ensure that the activity is not engaged in in a specified manner, being a manner that may relate to any one or more of the following:
 (i) any workplace, or part of a workplace, at which the activity is not to be engaged in;
 (ii) any plant or substance that is not to be used in connection with the activity;
 (iii) any procedure that is not to be followed in connection with the activity.
 (4) The notice may specify action that may be taken to satisfy an inspector that adequate action has been taken to remove the threat to health or safety.
 (5) The operator must ensure that the notice is complied with to the extent that it relates to any matter over which the operator has control.
Penalty for a contravention of subsection (5): 250 penalty units.