Australian Naval Nuclear Power Safety Act 2024

This section applies if an inspector reasonably believes that:

either:

a person is contravening, or is likely to contravene, a provision of this Act; or

a person has contravened a provision of this Act and is likely to contravene that provision again; and

either of the following apply:

an activity is occurring in relation to a regulated activity that involves or will involve a risk to the health and safety of a person or a serious risk to the environment;

an activity may occur in relation to a regulated activity that, if it occurs, will involve a risk to the health and safety of a person or a serious risk to the environment.

The inspector may give a notice (a prohibition notice), in writing, to either of the following persons (the notice recipient):

a person authorised by a licence to conduct the regulated activity;

if the regulated activity is being conducted in a monitoring area or investigation area—a relevant person in relation to the monitoring area or investigation area.

The prohibition notice must include the following:

the date on which the notice is given;

the name of the notice recipient;

a statement that the person giving the notice is an inspector appointed under this Act;

the name and contact details of the inspector;

brief details of the contravention of the provision of this Act that the inspector believes is occurring or likely to occur, including the place, date and time (if known) of the contravention;

details of the activity the inspector believes is occurring, or may occur, that involves or will involve a risk to the health and safety of a person or a serious risk to the environment;

the reasons for the inspector’s belief;

one of the following:

a direction that the notice recipient must ensure that the activity is not engaged in;

a direction that the notice recipient must ensure that the activity is not engaged in in a specified manner;

a direction that the notice recipient must ensure that the activity is engaged in in a specified manner.

The prohibition notice may specify action that may be taken to satisfy an inspector that adequate action has been taken to:

prevent any further contravention, or to prevent the likely contravention, as the case may be; and

remove the risk referred to in paragraph (3)(f).

The prohibition notice ceases to have effect when an inspector notifies the notice recipient that the inspector is satisfied that the notice recipient has taken adequate action to:

prevent any further contravention, or to prevent the likely contravention, as the case may be; and

remove the risk referred to in paragraph (3)(f).

If an inspector is satisfied that action taken by the notice recipient is not adequate to:

prevent any further contravention, or to prevent the likely contravention, as the case may be; or

remove the risk referred to in paragraph (3)(f);

A person commits an offence of strict liability if:

the person is given a prohibition notice under subsection (2); and

the person fails to comply with the prohibition notice.

A person commits an offence if:

the person is given a prohibition notice under subsection (2); and

the person engages in conduct that results in the person failing to comply with the prohibition notice; and

the person knows that the conduct will have that result.

Subsections (7) and (8) do not apply if the person did not have control over the matter in relation to which the prohibition notice was not complied with.

A defendant bears an evidential burden in relation to the matter in subsection (9) (see subsection 13.3(3) of the Criminal Code).

The following are not legislative instruments:

a prohibition notice 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 notice recipient of a matter referred to in that subsection.