205Do not disturb notices—issue

205 Do not disturb notices—issue

Scope (1) This section applies if an OEI inspector is conducting an OEI inspection in relation to offshore premises. When a notice may be issued (2) An OEI inspector may issue a notice (a do not disturb notice) to a licence holder, in writing, under this section if the OEI inspector is satisfied on reasonable grounds that it is reasonably necessary to issue the notice in order to: (a) remove an immediate threat to the health or safety of any person; or (b) allow the inspection, examination or measurement of, or the conducting of tests concerning: (i) the offshore premises; or (ii) particular plant, or a particular substance or thing, at the offshore premises. Issue of notice (3) Without limiting the way in which the notice may be issued, the notice may be issued to the licence holder by being given to the licence holder’s representative at the premises. Contents of notice (4) The notice must: (a) direct the licence holder to take all reasonably practicable steps to ensure that one or more of the following are not disturbed for a period specified in the notice: (i) a particular part of the offshore premises; (ii) particular plant, or a particular substance or thing, at the offshore premises; and (b) set out the reasons for the OEI inspector’s decision to issue the notice. (5) The period specified in the notice must be a period that the OEI inspector is satisfied on reasonable grounds is necessary in order to: (a) address the threat mentioned in paragraph (2)(a); or (b) allow the inspection, examination, measuring or testing mentioned in paragraph (2)(b) to take place. Renewal of notice (6) The notice may be renewed by another notice in the same terms. Fault‑based offence (7) A person commits an offence if: (a) the person is a licence holder; and (b) the person is given a do not disturb notice containing a direction under paragraph (4)(a); and (c) the person engages in conduct; and (d) the person’s conduct breaches the direction.

Penalty for contravention of subsection (7): 300 penalty units.