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OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 63

Attendance of inspector at workplace after issue of provisional improvement notice

    (1)     Within 7 days after a provisional improvement notice is issued to a person

        (a)     the person to whom it was issued; or

        (b)     if the person is an employee, his or her employer

may ask the Authority to arrange for an inspector to attend at the workplace to enquire into the circumstances the subject of the notice.

    (2)     The Authority must ensure that an inspector attends the workplace as soon as possible after the request is made and before the day specified in the notice as being the day by which the notice must be complied with.

    (3)     The inspector must, as soon as possible—

        (a)     enquire into the circumstances the subject of the provisional improvement notice; and

        (b)     affirm (with or without modifications) or cancel the provisional improvement notice by giving written notice to the health and safety representative who issued it and the person to whom it was issued.

    (4)     The inspector may perform any of his or her functions or exercise any of his or her powers under this Act that the inspector considers reasonably necessary in the circumstances.

    (5)     A notice under subsection (3)(b) must set out—

        (a)     the basis for the inspector's decision to affirm or cancel the provisional improvement notice; and

        (b)     if the provisional improvement notice is affirmed, the penalty for contravening that notice; and

        (c)     how the person may seek review of the inspector's decision.

    (6)     A person to whom a provisional improvement notice was issued that is affirmed by an inspector under this section must comply with the provisional improvement notice.

Penalty:     500 penalty units for a natural person;

2500 penalty units for a body corporate.

    (7)     An offence against subsection (6) is an indictable offence.

Note to s. 63(7) amended by No. 68/2009 s. 97(Sch. item 90.14).

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009 ).

S. 64 amended by No. 48/2017 s. 14(3) (ILA s. 39B(1)).



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