Victorian Current Acts

DANGEROUS GOODS ACT 1985 - SECT 17B

    (1)     An inspector who has entered a place under this Part may issue a non-disturbance notice to the occupier or apparent occupier of the place requiring that person—

        (a)     to stop the use or movement of, or interference with, any specified thing at the place; and

        (b)     to prevent the disturbance of the thing or a specified area of the place where the thing is located—

if the inspector reasonably believes that it is necessary to do so to facilitate the performance of his or her functions or the exercise of his or her powers under this Act in relation to the place or any thing at the place.

    (2)     A non-disturbance notice must specify the period (of no more than 7 days) for which it applies and set out—

        (a)     the obligations of the person to whom it is issued; and

        (b)     the penalty for contravening the notice; and

        (c)     how the person may seek a review of the issue of the notice; and

        (d)     a statement of the effect of section 17I (proceedings for offences not affected by notices).

    (3)     If an inspector considers it necessary to do so, he or she may issue one or more subsequent non‑disturbance notices to an occupier or apparent occupier, whether before or after the expiry of the previous notice, each of which must comply with subsection (2).

    (4)     A person who, without reasonable excuse, fails to comply with a non-disturbance notice issued to the person is guilty of an indictable offence and is liable to a fine not exceeding—

        (a)     in the case of a natural person, 500 penalty units; or

        (b)     in the case of a body corporate, 2500 penalty units.

Note to s. 17B(4) amended by No. 68/2009 s. 97(Sch. item 44.1).

Note

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

S. 17C inserted by No. 78/1995 s. 6, substituted by Nos 52/1998 s. 311(Sch. 1 item 20.5), 31/2005 s. 12.