AustLII Tasmanian Consolidated Acts

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PRIMARY PRODUCE SAFETY ACT 2011 - SECT 50

Prohibition order

(1)  If the Chief Inspector suspects on reasonable grounds that, in the course of carrying on a primary production activity to which a food safety scheme applies, a person has contravened or is contravening a legislative requirement, the Chief Inspector may issue and serve a prohibition order on the person.
(2)  A prohibition order issued under this section may prohibit the use of specified premises, part of premises, vehicles, plant or equipment for or in connection with the primary production activity until –
(a) specified action is taken within a specified time to rectify the contravention; or
(b) specified action is taken within a specified time to ensure compliance with the legislative requirement.
(3)  A prohibition order issued under this section must –
(a) be in writing; and
(b) specify the grounds upon which it is issued; and
(c) specify the requirements of the order, including the action which must be taken to comply with the order.
(4)  A prohibition order issued under this section takes effect from the time that it is served and remains in force until it is revoked.
(5)  The Chief Inspector may vary or revoke a prohibition order issued under this section at any time by serving a written notice of the variation or revocation on the person originally served with the order.
(6)  A person served with a prohibition order may, at any time, apply in writing to the Chief Inspector for the revocation of the order on the grounds that the requirements of the order have been fully complied with.
(7)  If the Chief Inspector has received an application under subsection (6) , the Chief Inspector must, within 14 days of receiving the application, cause an authorised officer to carry out any inspections and investigations that are reasonably necessary to determine whether the requirements of the prohibition order have been fully complied with.
(8)  An authorised officer is to report the findings of any inspection or investigation the authorised officer has carried out under subsection (7) to the Chief Inspector as soon as is reasonably practicable after the inspection or investigation is completed.
(9)  The Chief Inspector must revoke a prohibition order if satisfied on reasonable grounds that the requirements of the order have been fully complied with.
(10)  However, if –
(a) a person applies to the Chief Inspector for the revocation of a prohibition order in accordance with subsection (6) ; and
(b) through no fault of the person who applied for the revocation, an authorised officer fails to carry out any inspection or investigation within 14 days in accordance with subsection (7)  –
the prohibition order is revoked and the revocation takes effect at the expiry of the 14-day period in which the relevant inspection or investigation should have taken place.
(11)  A fee fixed by the Secretary is payable by a person served with a prohibition order under this section for each inspection carried out by an authorised officer that is reasonably necessary to determine whether the requirements of the order have been complied with.
(12)  A person must not, without reasonable excuse, contravene or fail to comply with a prohibition order served on the person under this section.
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 2 500 penalty units; or
(b) an individual, a fine not exceeding 500 penalty units.



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