Subdiv 2Prohibition notices

Subdivision 2—Prohibition notices 64—Power to issue prohibition notice (1) This section applies if an authorised person reasonably believes that a safety risk arising out of a dangerous situation involving explosives exists or may exist. (2) The authorised person may give a person a direction for the purposes of averting, eliminating or minimising the safety risk until an authorised person is satisfied that the matters that give or will give rise to the risk have been remedied. (3) A direction may, for example, prohibit— (a) the carrying on of an activity, or the carrying on of the activity in a specified way; or (b) the continuation of the carrying on of an activity, or the carrying on of the activity in a specified way. (4) The direction may be given orally, but must be confirmed by written notice (a prohibition notice) issued to the person as soon as practicable. 65—Contents of prohibition notice (1) A prohibition notice must state— (a) that the authorised person believes that grounds for the issue of the prohibition notice exist and the basis for that belief; and (b) briefly, the activity or set of circumstances that the authorised person believes involves or will involve the risk and the matters that give or will give rise to the risk; and (c) if relevant, the provision of this Act that the authorised person believes is being, or is likely to be, contravened. (2) A prohibition notice may include directions on the measures to be taken to remedy the risk, activities or matters to which the notice relates. (3) Without limiting section 64, a prohibition notice that prohibits the carrying on of an activity in a specified way may do so by specifying 1 or more of the following: (a) premises or a vehicle at which the activity is not to be carried out; (b) anything that is not to be used in connection with the activity; (c) any procedure that is not to be followed in connection with the activity. (4) A prohibition notice may include recommendations. (5) It is not an offence to fail to comply with recommendations in a notice. 66—Compliance with prohibition notice The person to whom a direction is given under section 64(2) or a prohibition notice is issued must comply with the direction or notice. 67—Remedial action (1) This section applies if— (a) a person to whom a prohibition notice is issued fails to take reasonable steps to comply with the notice; or (b) an authorised person is unable to issue a prohibition notice. (2) The Regulator may take any remedial action the Regulator believes reasonable to make the situation safe. (3) Before taking action under subsection (2) the Regulator must, if a prohibition notice has been issued, give written notice to the person to whom the prohibition notice was issued of— (a) the Regulator's intention to take that action; and (b) the person's liability for the costs of that action. 68—Costs of remedial or other action The Regulator may recover the reasonable costs of any remedial action taken under section 67 from the person to whom the notice is issued.