Inspector may give directions
75 Inspector may give directions
Giving directions
This section applies if an inspector reasonably believes that:
a person has contravened, is contravening, or is likely to contravene, a provision (the relevant provision) of this Act; and
it is necessary to exercise powers under this section in order to protect the health and safety of people or to protect the environment; and
it is desirable in the public interest for the inspector to exercise powers under this section.
The inspector may give the person a direction requiring the person, within the period specified in the direction, to take such steps as are reasonable in the circumstances for the person to comply with the relevant provision.
The direction:
must be in writing; or
if the inspector believes there is an urgent need to protect the health and safety of people or to protect the environment—may be given orally, but must be confirmed by written notice given to the person as soon as practicable after being given orally.
The period specified in the direction under subsection (2) must be reasonable having regard to the circumstances.
Notification by inspector about steps taken or not taken
The direction ceases to have effect when an inspector notifies the person that the inspector is satisfied that the person has taken the steps specified in the direction.
If an inspector is satisfied that the person has not taken the steps specified in the direction, the inspector must inform the person accordingly.
Strict liability offence
A person commits an offence of strict liability if:
the person is given a direction under subsection (2); and
the person does not take the steps specified in the direction within the period specified in the direction.
Penalty: 60 penalty units.
Fault‑based offence
A person commits an offence if:
the person is given a direction under subsection (2); and
the person engages in conduct that results in the person failing to take the steps specified in the direction within the period specified in the direction; and
the person knows that the conduct will have that result.
Penalty: 222 penalty units.
Instruments are not legislative instruments
The following are not legislative instruments:
a direction under subsection (2);
a notification under subsection (5) (if given in writing) of the matter referred to in that subsection;
a notice under subsection (6) (if given in writing) informing a person of a matter referred to in that subsection.
This Act’s bill:Explanatory memorandumSecond reading speech
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