50GPower to give prohibition notice

50G Power to give prohibition notice

(1) The Secretary or an authorised officer may give a written notice to a regulated person prohibiting the regulated person from engaging in a specified activity if the Secretary or authorised officer reasonably believes—

(a) the regulated person has contravened, is contravening or is likely to contravene—

(i) a provision of the Act or the regulations; or

(ii) a condition to which the person's licence under section 13 or 42R is subject; and

(b) that, having regard to the immediacy of the risk of harm and the degree of harm to health or safety that may be caused by the contravention or likely contravention, prohibiting the person from engaging in the specified activity is necessary to prevent or minimise that risk.

(2) In addition, the Secretary or an authorised officer may require a regulated person to whom a prohibition notice is given to take any specified action the Secretary or authorised officer reasonably believes is necessary—

(a) to prevent or minimise the risk to health or safety; or

(b) to rectify the contravention; or

(c) to cease the contravention; or

(d) to prevent a likely contravention from occurring; or

(e) to address the matters or activities that caused a contravention.

(3) The Secretary or an authorised officer may require a regulated person to whom a prohibition notice is given to—

(a) give a copy of the notice to a person or class of person; or

(b) display a copy of the notice in a manner specified in the notice.

S. 50H inserted by No. 39/2024 s. 101.