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Contents (2011 - 10)
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Work Health and Safety Act 2011 No 10
Current version for 8 June 2017 to date (accessed 28 June 2017 at 22:27)
Part 10 Division 2
Division 2 Prohibition notices
195   Power to issue prohibition notice
(1)  This section applies if an inspector reasonably believes that:
(a)  an activity is occurring at a workplace that involves or will involve a serious risk to the health or safety of a person emanating from an immediate or imminent exposure to a hazard, or
(b)  an activity may occur at a workplace that, if it occurs, will involve a serious risk to the health or safety of a person emanating from an immediate or imminent exposure to a hazard.
(2)  The inspector may give a person who has control over the activity a direction prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way, until an inspector is satisfied that the matters that give or will give rise to the risk have been remedied.
(3)  The direction may be given orally, but must be confirmed by written notice (a prohibition notice) issued to the person as soon as practicable.
196   Contents of prohibition notice
(1)  A prohibition notice must state:
(a)  that the inspector believes that grounds for the issue of the prohibition notice exist and the basis for that belief, and
(b)  briefly, the activity that the inspector believes involves or will involve the risk and the matters that give or will give rise to the risk, and
(c)  the provision of this Act that the inspector believes is being, or is likely to be, contravened by that activity.
(2)  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 referred to in subsection (1) (c).
(3)  Without limiting section 195, 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)  anything 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.
197   Compliance with prohibition notice
The person to whom a direction is given under section 195 (2) or a prohibition notice is issued must comply with the direction or notice.
Maximum penalty:
(a)  in the case of an individual—$100,000, or
(b)  in the case of a body corporate—$500,000.