Australian Capital Territory Repealed Acts

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This legislation has been repealed.

OCCUPATIONAL HEALTH AND SAFETY ACT 1989 (REPEALED) - SECT 155

Giving prohibition notices

    (1)     An inspector may give a notice (a prohibition notice ) to a responsible person for a workplace if the inspector believes, on reasonable grounds, that—

        (a)     someone at the workplace has contravened, is contravening, or is likely to contravene, this Act; and

        (b)     giving the notice is necessary to prevent or minimise risk of serious harm to the health or safety of people from a hazard at the workplace.

    (2)     An inspector may also give a notice (also a prohibition notice ) to a responsible person for a workplace if the inspector believes, on reasonable grounds, that giving the notice is necessary to allow—

        (a)     the inspection, testing or monitoring of anything at the workplace; or

        (b)     the investigation of an accident or other incident (including a dangerous occurrence) at the workplace.

Example for par (2) (a)

to allow for routine compliance testing of plant and systems if the responsible person has not voluntarily agreed to the plant or system being shut down for the test

Note 1     For how documents may be served, see the Legislation Act, pt 19.5.

Note 2     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Note 3     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).



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