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Contents (2011 - 10)
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Work Health and Safety Act 2011 No 10
Current version for 6 January 2017 to date (accessed 29 April 2017 at 17:18)
Part 10 Division 5
Division 5 Remedial action
211   When regulator may carry out action
(1)  This section applies if a person to whom a prohibition notice is issued fails to take reasonable steps to comply with the notice.
(2)  The regulator may take any remedial action the regulator believes reasonable to make the workplace or situation safe after giving written notice to the person to whom the prohibition notice was issued of:
(a)  the regulator’s intention to take that action, and
(b)  the owner’s or person’s liability for the costs of that action.
212   Power of the regulator to take other remedial action
(1)  This section applies if the regulator reasonably believes that:
(a)  circumstances in which a prohibition notice can be issued exist, and
(b)  a prohibition notice cannot be issued at a workplace because, after taking reasonable steps, the person with management or control of the workplace cannot be found.
(2)  The regulator may take any remedial action necessary to make the workplace safe.
213   Costs of remedial or other action
The regulator may recover the reasonable costs of any remedial action taken under:
(a)  section 211 from the person to whom the notice is issued, or
(b)  section 212 from any person to whom the prohibition notice could have been issued in relation to the matter,
as a debt due to the regulator.