sec.140Prohibition notices

### sec.140 Prohibition notices This section applies if an inspector reasonably believes that circumstances causing, or likely to cause, immediate health risks to any person or immediate risks to the environment have arisen, or are likely to arise, in relation to the carrying out of a radiation practice. The inspector may, by written notice (a prohibition notice ) given to the person carrying out, or in charge of carrying out, the practice, direct the person to stop carrying out the practice or allowing it to be carried out. The prohibition notice must state the following— that the inspector believes that circumstances causing, or likely to cause, immediate health risks to any person or immediate risks to the environment have arisen, or are likely to arise, in relation to the carrying out of the practice; the reasons for the belief; if the inspector believes the circumstances involve a contravention, or likely contravention, of this Act—the provision contravened or likely to be contravened. The notice may impose any reasonable requirements in relation to the person stopping— the carrying out of the practice; or the practice being allowed to be carried out. Despite subsection (2) , the notice may be oral if the inspector considers on reasonable grounds that it is not practicable to give a written notice. If the notice is given orally, it ceases to have effect on the expiration of 72 hours from the time it was given, unless, before the expiration of the 72 hours, it is confirmed by a written notice given by the inspector to the person. The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—200 penalty units. For this section, a person is in charge of carrying out a radiation practice if the person has, or reasonably appears to have, authority to direct the carrying out of the practice. s 140 amd 2006 No. 46 s 251 (sec.140-ssec.1) This section applies if an inspector reasonably believes that circumstances causing, or likely to cause, immediate health risks to any person or immediate risks to the environment have arisen, or are likely to arise, in relation to the carrying out of a radiation practice. (sec.140-ssec.2) The inspector may, by written notice (a prohibition notice ) given to the person carrying out, or in charge of carrying out, the practice, direct the person to stop carrying out the practice or allowing it to be carried out. (sec.140-ssec.3) The prohibition notice must state the following— that the inspector believes that circumstances causing, or likely to cause, immediate health risks to any person or immediate risks to the environment have arisen, or are likely to arise, in relation to the carrying out of the practice; the reasons for the belief; if the inspector believes the circumstances involve a contravention, or likely contravention, of this Act—the provision contravened or likely to be contravened. (sec.140-ssec.4) The notice may impose any reasonable requirements in relation to the person stopping— the carrying out of the practice; or the practice being allowed to be carried out. (sec.140-ssec.5) Despite subsection (2) , the notice may be oral if the inspector considers on reasonable grounds that it is not practicable to give a written notice. (sec.140-ssec.6) If the notice is given orally, it ceases to have effect on the expiration of 72 hours from the time it was given, unless, before the expiration of the 72 hours, it is confirmed by a written notice given by the inspector to the person. (sec.140-ssec.7) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—200 penalty units. (sec.140-ssec.8) For this section, a person is in charge of carrying out a radiation practice if the person has, or reasonably appears to have, authority to direct the carrying out of the practice. - (a) that the inspector believes that circumstances causing, or likely to cause, immediate health risks to any person or immediate risks to the environment have arisen, or are likely to arise, in relation to the carrying out of the practice; - (b) the reasons for the belief; - (c) if the inspector believes the circumstances involve a contravention, or likely contravention, of this Act—the provision contravened or likely to be contravened. - (a) the carrying out of the practice; or - (b) the practice being allowed to be carried out.