Jump to content

Page:Workplace Safety and Health Act 2006.pdf/31

From Wikisource
This page has been proofread, but needs to be validated.
WORKPLACE SAFETY AND HEALTH
31


(i) to remedy any danger so as to enable the work or process in the workplace to be carried on with due regard to the safety, health and welfare of the persons at work;
(ii) to comply with any duty imposed under this Act; or
(iii) to do or refrain from doing any act referred to in subsection (1)(c); and
(b) specify the date on which it is to take effect and the period (which shall run from the date the remedial order takes effect) within which any step required by the order shall be taken.

(4) A stop-work order shall—

(a) direct the person served with the order to immediately cease to carry on any work or process—
(i) indefinitely; or
(ii) until such measures as are required by the Commissioner have been taken, to the satisfaction of the Commissioner, to remedy any danger so as to enable the work or process in the workplace to be carried on with due regard to the safety, health and welfare of the persons at work; and
(b) specify the date on which it is to take effect.

(5) The Commissioner may delegate the power to issue a remedial order or stop-work order to any Deputy Commissioner.

(6) Any person who fails to comply with a remedial order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.

(7) Any person who fails to comply with a stop-work order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part thereof during which the offence continues after conviction.

(8) Where any person fails to comply with a remedial order or stopwork order, the Commissioner may—