Victorian Numbered Acts

RADIATION AMENDMENT ACT 2013 (NO. 59 OF 2013) - SECT 21

After Division 7 of Part 7 of the Principal Act, insert —

" Division 7A—Improvement notices and prohibition notices

        90A     Secretary may issue improvement notice or prohibition notice

    (1)     This section applies if the Secretary believes that a person—

        (a)     has contravened a provision of this Act or the regulations in circumstances that make it likely that the contravention is continuing or will reoccur; or

        (b)     is likely to contravene a provision of this Act or the regulations.

    (2)     If this section applies, the Secretary may issue to the person—

        (a)     an improvement notice requiring the person to remedy the contravention or likely contravention or the matters or activities causing the contravention or likely contravention; or

        (b)     a prohibition notice prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way, until the Secretary has certified in writing that the contravention has ceased or that the likelihood of the contravention occurring has passed.

    (3)     An improvement notice or a prohibition notice must—

        (a)     state the grounds on which the issue of the improvement notice or prohibition notice is based;

        (b)     specify the provision of this Act or the regulations that the Secretary considers has been or is likely to be contravened;

        (c)     specify the actions or measures that the person is required to take and the period within which the actions or measures are to be completed;

        (d)     set out the penalty for contravening the improvement notice or prohibition notice;

        (e)     state how the person may seek review of the issue of the improvement notice or prohibition notice;

        (f)     include a statement as to the effect of section 90C.

    (4)     An improvement notice or a prohibition notice issued under this section remains in force until the Secretary notifies, in writing, the person who received the notice that it is no longer in force.

        90B     Person must comply with improvement notice or prohibition notice

    (1)     A person to whom an improvement notice or a prohibition notice is issued for a contravention of this Act must comply with the improvement notice or prohibition notice.

Penalty:     In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

    (2)     A person to whom an improvement notice or a prohibition notice is issued for a contravention of the regulations must comply with the improvement notice or prohibition notice.

Penalty:     20 penalty units.

        90C     Proceedings for offences affected by notices

    (1)     Subject to subsection (2), the issue of an improvement notice or a prohibition notice does not affect any proceedings for an offence against this Act or the regulations in connection with any matter in respect of which the improvement notice or prohibition notice was issued.

    (2)     If a person fulfils all the requirements of an improvement notice or a prohibition notice, at the expiry of the notice, no proceeding may be commenced for the offence against this Act or the regulations constituted by the contravention or alleged contravention to which that improvement notice or prohibition notice related.".