Document ID: chunk:federal_register_of_legislation:F2017C00695:reg:17:p4
Version: federal_register_of_legislation:F2017C00695
Segment Type: reg
Provision Reference: reg 17 (pt 4/8)
Character Range: 22483–25271

subsection 100(2) of the Act, any of the following persons may request the Fair Work Commission in writing to review the inspector's decision to issue a prohibition notice:
        • the operator affected by the inspector's decision;
        • the health and safety representative for a designated work group that includes an employee affected by the decision or the involved union for the designated work group;
        • if there is no designated work group—an involved union in relation to the employee;
        • the owner of any plant, substance or thing to which the inspector's decision relates.

Form 4—Prohibition notice
(paragraph 8(c))
OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) REGULATIONS
Prohibition notice

To the person in charge of (insert name of prescribed ship or prescribed unit)

I, (insert name of inspector), an inspector appointed under section 84 of the Occupational Health and Safety (Maritime Industry) Act 1993, am of the opinion that activity being undertaken on (insert name of prescribed ship or prescribed unit) is of a kind that immediately threatens the health and safety of a person.

I therefore PROHIBIT the following activity or activities:
(specify  prohibited activity or activities)

*Action that may be taken that will be adequate to remove the threat to health and safety of the person is:
(if insufficient space, use additional page or pages)

Signed:  (signature of inspector)

Date:  (insert date)

[*  Omit if inapplicable]

(see notes over)

 (page 2 of Form 4)

Notes:

    1. Section 96 of the Act requires the person in command of the prescribed ship or prescribed unit to give a copy of this notice to the health and safety representative on the ship or unit and to display a copy of this notice in a prominent place on the ship or unit.

    2. Under subsection 93(5) of the Act, if the operator of the prescribed ship or prescribed unit does not ensure that the notice is complied with, the operator may be liable to a fine not exceeding $25,000 (if the operator is an individual), or not exceeding $125,000 (if the operator is a body corporate).

    3. This notice ceases to have effect when the inspector notifies the person in command that the inspector is satisfied that the operator has taken adequate action to remove the threat to health and safety.

    4. Under subsection 100(2) of the Act, any of the following persons may request the Fair Work Commission to review the inspector's decision to issue a prohibition notice:
        • the operator affected by the inspector's decision;
        • the health and safety representative for a designated work group that includes an employee affected by the decision or the involved union for the designated work group;
        • if there is no designated work group—an