Australian Capital Territory Numbered Acts

CONSTRUCTION AND ENERGY EFFICIENCY LEGISLATION AMENDMENT ACT 2014 (NO. 2 OF 2014) - SECT 43

substitute

47     Power to destroy etc unsafe things

    (1)     This section applies to anything inspected or seized under this part by an authorised person if the person is satisfied on reasonable grounds that the thing—

        (a)     puts the health or safety of people at risk; or

        (b)     is likely to cause damage to property or the environment.

    (2)     The authorised person may give a written direction to any of the following to destroy or otherwise dispose of the thing, or make the thing safe:

        (a)     a person who owned the thing;

        (b)     a person in charge of the premises where the thing is;

        (c)     if the authorised person believes on reasonable grounds that an eligible activity by a NERL retailer relating to the thing is a reason for the matters mentioned in subsection (1) (a) or (b)—the NERL retailer.

    (3)     The direction may state 1 or more of the following:

        (a)     what action must be taken;

        (b)     how the thing must be kept until the action is taken;

        (c)     the period within which the action must be taken.

    (4)     A person must comply with a direction given to the person under subsection (2).

Maximum penalty: 50 penalty units.

    (5)     An offence against this section is a strict liability offence.

    (6)     Alternatively, if the thing has been seized under this part, the authorised person may—

        (a)     destroy or otherwise dispose of the thing; or

        (b)     make the thing safe.

    (7)     Costs incurred by the Territory in relation to an action under subsection (6) are a debt owing to the Territory by, and are recoverable together and separately from, the following people:

        (a)     if the authorised person is satisfied on reasonable grounds that the owner is responsible for making the thing unsafe—the owner of the thing;

        (b)     if the authorised person is satisfied on reasonable grounds that a person in control of the premises where the thing was is responsible for making the thing unsafe—the person in control of the premises who is responsible for making the thing unsafe;

        (c)     if the authorised person is satisfied on reasonable grounds that the NERL retailer is responsible for making the thing unsafe—the NERL retailer.