South Australian Numbered Acts South Australian Numbered Acts16—Amendment of section 40—Prohibition notices
(1) Section 40(1) and
(2)—delete subsections (1) and (2) and substitute:
(1) Where an inspector
is of the opinion—
(a) that
there is an immediate risk—
(i)
to the health or safety of a person at work; or
(ii)
to the health or safety of any person in connection with
the performance of any work, or from any plant to which this Act extends by
virtue of Schedule 2; or
(b) that
there could be an immediate risk—
(i)
to the health or safety of a person at work; or
(ii)
to the health or safety of any person in connection with
the performance of any work, or from any plant to which this Act extends by
virtue of Schedule 2,
if particular action were to be taken or a particular situation were to occur,
an inspector may issue to the person apparently in control of the activity or
situation from which the risk arises or could arise (as the case may be) a
prohibition notice prohibiting the carrying on of an activity or any other
relevant action until the inspector is satisfied that adequate measures have
been taken or are in place to avert, assess, eliminate or minimise any risk.
(2) A prohibition
notice must—
(a)
identify the activity or situation from which the risk arises or would arise;
and
(b)
state the grounds of the inspector's opinion on which the notice is based.
(2) Section
40(3)—after "avert," insert:
assess,