Australian Capital Territory Consolidated Acts

DANGEROUS SUBSTANCES ACT 2004 - SECT 109

    (1)     An inspector may give a notice (a prohibition notice ) to a responsible person for a dangerous substance at premises if the inspector believes, on reasonable grounds, that—

        (a)     someone at the premises has contravened, is contravening, or is likely to contravene, this Act in relation to the substance; and

        (b)     giving the notice is necessary to prevent or minimise risk of serious harm to the health or safety of people, or substantial damage to property or the environment, from a hazard at the premises associated with the substance.

    (2)     An inspector may also give a notice (also a prohibition notice ) to a responsible person for a dangerous substance at premises if the inspector believes, on reasonable grounds, that—

        (a)     someone at the premises has contravened, is contravening, or is likely to contravene, an improvement notice; or

        (b)     giving the notice is necessary to allow—

              (i)     the inspection, testing or monitoring of anything at the premises used in relation to the handling of the substance; or

              (ii)     the investigation of an accident or other incident (including a dangerous occurrence) at the premises in relation to the substance.

Example for par (2) (b) (i)

to allow for routine compliance testing of plant and systems if the responsible person has not voluntarily agreed to the plant or system being shut down for the test

Note 1     For how documents may be served, see the Legislation Act, pt 19.5.

Note 2     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Note 3     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).