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s 23

Competent Authority may place mark on plant or container

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Part 5Prohibition and improvement notices

23 Competent Authority may place mark on plant or container

(1)

Where the Competent Authority gives a prohibition notice in respect of an act or activity relating to the use of plant or a container, the Competent Authority may place a mark on the plant or container, or any part of the plant or container, to indicate that the plant or container, or the part, that is marked is not to be used.

(2)

Where a mark is placed on plant or a container or a part of plant or a container, a person must not use the plant or container or the part on which the mark is placed or remove, obliterate or otherwise interfere with the mark until:

(a)

the Competent Authority certifies under section 22(5) in respect of the act or activity relating to the use of the plant or container or the part;

(b)

the Competent Authority revokes or suspends the prohibition notice in whole or in relation to the act or activity;

(c)

the Local Court revokes the prohibition notice; or

(d)

the Local Court varies the notice so that the use is not prohibited.

Maximum penalty: In the case of a body corporate – 430 penalty units and 25 penalty units for each day during which the offence continues.

In the case of a natural person – 85 penalty units or imprisonment for 6 months and 8 penalty units for each day during which the offence continues.

(3)

In this section, plant includes a vehicle, building and structure.

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