Document ID: chunk:federal_register_of_legislation:F2024C00392:clause:1_121
Version: federal_register_of_legislation:F2024C00392
Segment Type: clause
Provision Reference: sch 1 cl 121
Character Range: 135685–137129

121  Prohibition notice
 (1) A prohibition notice has effect:
 (a) upon being served; or
 (b) if the notice specifies a later date, on that date.
 (2) A prohibition notice served on a person must:
 (a) state that the notice is served in accordance with this Act; and
 (b) require the person to cease the dangerous activity or to cease carrying it out in a specified manner; and
 (c) state the basis for the authorised officer's belief that the activity is a dangerous activity; and
 (d) if the authorised officer believes that the dangerous activity involves a contravention of a law, specify the law and the relevant provision of it; and
 (d) state how a review of the decision to serve the notice may be obtained; and
 (e) state the penalty for failing to comply with the notice.
 (3) A prohibition notice may include a direction on the measures to be taken to minimise or eliminate the risk caused by the dangerous activity.
 (4) A direction may:
 (a) require measures be taken in accordance with a compliance code; or
 (b) offer a choice of ways to minimise or eliminate the risk caused by the dangerous activity.
 (5) A prohibition notice that prohibits the carrying out of an activity in a specified way may do so by specifying:
 (a) a place where the activity may not be carried out; or
 (b) any thing that may not be used in connection with the activity; or
 (c) any procedure that may not be followed in connection with the activity.