Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 5)
Part 1.1 Dangerous Substances Act 2004
substitute
Note 1 An inspector may issue a prohibition notice in relation to the site of a dangerous occurrence (see s 109 (2) (b) (ii)).
Explanatory note
This amendment is consequential on the remaking of section 109 by another amendment.
[1.2] Section 108, definition of basis
substitute
"basis", for giving a prohibition notice, means—
(a) the contravention of this Act in relation to which the prohibition notice was given and the risk to be prevented or minimised under the notice (see section 109 (1)); or
(b) the contravention of the improvement notice in relation to which the prohibition notice was given (see section 109 (2) (a)); or
(c) the inspection, testing or monitoring to be allowed under the notice (see section 109 (2) (b) (i)); or
(d) the accident or other incident to be investigated under the notice (see section 109 (2) (b) (ii)).
Explanatory note
This amendment is consequential on the remaking of section 109 by another amendment.
substitute
109 Giving prohibition notices
(1) An inspector may give a notice (a prohibition notice ) to a responsible person for a dangerous substance at premises if the inspector believes, on reasonable grounds, that—
(a) someone at the premises has contravened, is contravening, or is likely to contravene, this Act in relation to the substance; and
(b) giving the notice is necessary to prevent or minimise risk of serious harm to the health or safety of people, or substantial damage to property or the environment, from a hazard at the premises associated with the substance.
(2) An inspector may also give a notice (also a prohibition notice ) to a responsible person for a dangerous substance at premises if the inspector believes, on reasonable grounds, that—
(a) someone at the premises has contravened, is contravening, or is likely to contravene, an improvement notice; or
(b) giving the notice is necessary to allow—
(i) the inspection, testing or monitoring of anything at the premises used in relation to the handling of the substance; or
(ii) the investigation of an accident or other incident (including a dangerous occurrence) at the premises in relation to the substance.
Example for par (2) (b) (i)
to allow for routine compliance testing of plant and systems if the responsible person has not voluntarily agreed to the plant or system being shut down for the test
Note 1 For how documents may be served, see the Legislation Act, pt 19.5.
Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Note 3 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Explanatory note
Existing section 109 (a) provides for a prohibition notice to be issued if an inspector believes, on reasonable grounds, that a person at premises has contravened, is contravening, or is likely to contravene, the Act. That provision is too general and unnecessarily applies to minor contraventions. Existing section 109 (b) (i) provides for a notice to be issued if an inspector believes, on reasonable grounds, that it is necessary to prevent or minimise risk of serious harm to the health or safety of people, or substantial damage to property or the environment, from a hazard at premises associated with a dangerous substance. The issue of a notice in those circumstances is not appropriate if there is not a contravention of the Act. This amendment (see new section 109 (1)) combines those requirements so that both requirements must be satisfied before a prohibition notice can be issued.
Existing section 109 (b) (ii) and (iii) (which are about notices given to allow inspection, testing, monitoring and investigation) are retained as independent grounds for the issue of a prohibition notice (see new section 109 (2) (b)).
The amendment also adds new section 109 (2) (a). That paragraph provides for a prohibition notice to be issued for a contravention or likely contravention of an improvement notice. This new ground recognises that a prohibition notice may need to be issued in relation to a dangerous substance even though the risk is less than that of the serious harm required for the issue of a prohibition notice under new section 109 (1). However, new section 109 (2) (a) has a considerably narrower scope than existing section 109 (a) (see above) and it is balanced by the requirement that an improvement notice must have been issued.
omit
section 109 (a) or (b) (i) (which are about notices given in relation to contravention of this Act or to prevent or minimise risk of serious harm or substantial damage)
substitute
section 109 (1) or (2) (a) (which are about notices given to prevent or minimise risk of serious harm etc from contravention of this Act or the contravention of an improvement notice)
Explanatory note
This amendment is consequential on the remaking of section 109 by another amendment.
omit
section 109 (b) (ii) or (iii) (which are about
substitute
section 109 (2) (b) (which is about
Explanatory note
This amendment is consequential on the remaking of section 109 by another amendment.
omit
section 109 (b) (ii) or (iii)
substitute
section 109 (2) (b)
Explanatory note
This amendment is consequential on the remaking of section 109 by another amendment.
substitute
(1) This section applies to a prohibition notice if the notice was given under section 109 (1) or (2) (a) (which are about notices given to prevent or minimise risk of serious harm etc from contravention of this Act or the contravention of an improvement notice).
Explanatory note
This amendment is consequential on the remaking of section 109 by another amendment.
omit
section 109 (a) or (b) (i)
substitute
section 109 (1) or (2) (a)
Explanatory note
This amendment is consequential on the remaking of section 109 by another amendment.
omit
section 109 (b) (ii) or (iii) (which are about
substitute
section 109 (2) (b) (which is about
Explanatory note
This amendment is consequential on the remaking of section 109 by another amendment.
Part 1.2 Domestic Animals Act 2000
before
during stated times
insert
at all times or
Explanatory note
This amendment makes it clear that a cat curfew can operate on a 24-hour basis.
Part 1.3 Occupational Health and Safety Act 1989
[1.11] Section 154, definition of basis
substitute
"basis", for giving a prohibition notice, means—
(a) the contravention of this Act in relation to which the prohibition notice was given and the risk to be prevented or minimised under the notice (see section 155 (1)); or
(b) the inspection, testing or monitoring to be allowed under the notice (see section 155 (2) (a)); or
(c) the accident or other incident to be investigated under the notice (see section 155 (2) (b)).
Explanatory note
This amendment is consequential on the remaking of section 155 by another amendment.
substitute
155 Giving prohibition notices
(1) An inspector may give a notice (a prohibition notice ) to a responsible person for a workplace if the inspector believes, on reasonable grounds, that—
(a) someone at the workplace has contravened, is contravening, or is likely to contravene, this Act; and
(b) giving the notice is necessary to prevent or minimise risk of serious harm to the health or safety of people from a hazard at the workplace.
(2) An inspector may also give a notice (also a prohibition notice ) to a responsible person for a workplace if the inspector believes, on reasonable grounds, that giving the notice is necessary to allow—
(a) the inspection, testing or monitoring of anything at the workplace; or
(b) the investigation of an accident or other incident (including a dangerous occurrence) at the workplace.
Example for par (2) (a)
to allow for routine compliance testing of plant and systems if the responsible person has not voluntarily agreed to the plant or system being shut down for the test
Note 1 For how documents may be served, see the Legislation Act, pt 19.5.
Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Note 3 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Explanatory note
Existing section 155 (a) provides for a prohibition notice to be issued if an inspector believes, on reasonable grounds, that a person at premises has contravened, is contravening, or is likely to contravene, the Act. That provision is too general and unnecessarily applies to minor contraventions. Existing section 155 (b) (i) provides for a notice to be issued if an inspector believes, on reasonable grounds, that it is necessary to prevent or minimise risk of serious harm to the health or safety of people from a hazard at a workplace. The issue of a notice in those circumstances is not appropriate if there is not a contravention of the Act. This amendment (see new section 155 (1)) combines those requirements so that both requirements must be satisfied before a prohibition notice can be issued.
Existing section 155 (b) (ii) and (iii) (which are about notices given to allow inspection, testing, monitoring and investigation) are retained as independent grounds for the issue of a prohibition notice (see new section 155 (2)).
omit
section 155 (a) or (b) (i) (which are about notices given in relation to contravention of this Act or to prevent or minimise risk of serious harm)
substitute
section 155 (1) (which is about a notice given to prevent or minimise risk of serious harm from contravention of this Act)
Explanatory note
This amendment is consequential on the remaking of section 155 by another amendment.
omit
section 155 (b) (ii) or (iii) (which are about
substitute
section 155 (2) (which is about
Explanatory note
This amendment is consequential on the remaking of section 155 by another amendment.
omit
section 155 (b) (ii) or (iii)
substitute
section 155 (2)
Explanatory note
This amendment is consequential on the remaking of section 155 by another amendment.
substitute
(1) This section applies to a prohibition notice if the notice was given under section 155 (1) (which is about a notice given to prevent or minimise risk of serious harm from contravention of this Act).
Explanatory note
This amendment is consequential on the remaking of section 155 by another amendment.
omit
section 155 (a) or (b) (i)
substitute
section 155 (1)
Explanatory note
This amendment is consequential on the remaking of section 155 by another amendment.
omit
section 155 (b) (ii) or (iii) (which are about
substitute
section 155 (2) (which is about
Explanatory note
This amendment is consequential on the remaking of section 155 by another amendment.
Part 1.4 Road Transport (General) Act 1999
insert
(1A) To remove any doubt, an authorised person may not serve an infringement notice on a person under this section for an offence after the end of the time within which a prosecution may be brought for the offence.
Note For the time within which a prosecution must be begun, see the Legislation Act, s 192.
Explanatory note
Section 24 deals with the service of infringement notices for offences against the road transport legislation generally. The amendment makes it clear that an infringement notice cannot be served under the section for an offence that cannot be prosecuted. This is implicit in the nature of an infringement notice scheme and in the provisions of the Road Transport (General) Act 1999 , part 3. For example, section 22 (1) provides ‘the purpose of this part is to create a system of infringement notices ... as an alternative to prosecution ' (emphasis added). However, the point is not expressly dealt with in the part. The amendment will put the matter beyond doubt by expressly providing that infringement notices may not be served for ‘stale' offences.
This amendment brings section 24 into line with the comparable provision of the infringement notice scheme under the Magistrates Court Act 1930 (see section 120 (2)).
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment is consequential on the insertion of new section 24 (1A) by another amendment.
insert
(7A) To remove any doubt, an authorised person may not serve an infringement notice on a person under this section for an offence after—
(a) if a regulation under subsection (7) prescribes a period for the offence—the end of the prescribed period; or
(b) in any other case—the end of the time within which a prosecution may be brought against the person for the offence.
Explanatory note
Section 36 deals with the service of infringement notices for offences against the road transport legislation involving a vehicle on the responsible person for the vehicle. The amendment makes it clear that an infringement notice cannot be served under the section for an offence that cannot be prosecuted.
Under section 36 (7) the regulations may provide that an infringement notice for an offence may only be served under section 36 within the prescribed period after the day the offence was committed. For example, the Road Transport (Offences) Regulation 2001 , section 15 provides that infringement notices for camera-detected offences may only be served within 28 days after the day the offence was committed. The effect of section 36 (7) (and the regulation provision made for it) is reflected in the subsection inserted by the amendment.
This amendment brings section 36 into line with the comparable provision of the infringement notice scheme under the Magistrates Court Act 1930 (see section 131B (8)).
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment is consequential on the insertion of new section 36 (7A) by another amendment.
insert
(6) To remove any doubt, subsection (2) does not permit the administering authority to lay an information against a person for an offence after the end of the time within which, apart from this section, a prosecution may be brought against the person for the offence.
Note For the time within which a prosecution must be begun, see the Legislation Act, s 192.
Explanatory note
This amendment makes it clear that this section does not provide for an extended period within which a prosecution for an offence may be brought. The Legislation Act, section 192 limits the time for bringing prosecutions for minor summary offences to 1 year after the day of the commission of the offence unless a territory law provides for another period.
The Road Transport (General) Act 1999 , section 53 (2) provides that an administering authority ‘may' lay an information against a person for an offence for which an infringement notice has been served within 60 days after being given a notice disputing liability is received.
The better view is that the word ‘may' in this context indicates that the laying of an information is discretionary rather than mandatory (see Legislation Act, section 146 (1)) and does not empower the laying of an information within the 60-day period after the 1-year period for bringing a prosecution has ended. This view is supported by section 53 (5) which has the effect that a prosecution for an offence must be begun within 60 days after the receipt of a notice disputing liability for the offence.
The amendment will put the matter beyond doubt by expressly providing that the section does not permit the laying of an information after the end of the 1-year period.
This amendment
brings section 53 into line with the comparable provision of the infringement
notice scheme under the Magistrates Court Act 1930 (see section 134 (6)).