(1) Where any occupier of any premises to whom S. 55B(1) section 48D applies has in that person's possession substituted by No. 10092 in Victoria any tool, machine, equipment, facility, s. 17(3)(a). instrument, device or vehicle to which any requirement under section 48D applies, the Authority may by notice in writing given to that person require that person to make the tool, machine, equipment, facility, instrument, device or vehicle available as required by the notice for the making of any inspection, measurement or test to determine whether any requirement under section 48D or the regulations has been complied with. S. 55B(2) (2) Any such notice shall state the time (being not less amended by than seven days after the time at which the notice No. 10092 ss 17(3)(b), is served) and the place at which the tool, 24(2)(d). machine, equipment, facility, instrument, device or vehicle is to be made available and the period (being not more than 48 hours) for which it is to be required. S. 55B(3) (3) The Authority may upon request of the person amended by upon whom the notice is served amend in writing Nos 10092 the requirements of the notice as to the time or s. 17(3)(b), 87/1989 place at which the tool, machine, equipment, s.10(k). facility, instrument, device or vehicle is to be made available or the period for which it is to be required. S. 55B(4) (4) A person who contravenes any such notice shall amended by be guilty of an offence against this Act and liable Nos 9758 to a penalty of not more than 300 penalty units s. 11, 87/1989 s. 7(k), and to a daily penalty of not more than 50 penalty 86/1990 units for each day during which the offence s. 5(e)(j), 49/2000 continues after conviction or after service by the s. 3(15)(Sch. item (35)(a) Authority on the accused of notice of (b)), 68/2009 contravention of the provisions of this section s. 97(Sch. item 50.22). (whichever is the earlier).
S. 55B(1) substituted by No. 10092 s. 17(3)(a). (1) Where any occupier of any premises to whom section 48D applies has in that person's possession in Victoria any tool, machine, equipment, facility, instrument, device or vehicle to which any requirement under section 48D applies, the Authority may by notice in writing given to that person require that person to make the tool, machine, equipment, facility, instrument, device or vehicle available as required by the notice for the making of any inspection, measurement or test to determine whether any requirement under section 48D or the regulations has been complied with. S. 55B(2) amended by No. 10092 ss 17(3)(b), 24(2)(d). (2) Any such notice shall state the time (being not less than seven days after the time at which the notice is served) and the place at which the tool, machine, equipment, facility, instrument, device or vehicle is to be made available and the period (being not more than 48 hours) for which it is to be required. S. 55B(3) amended by Nos 10092 s. 17(3)(b), 87/1989 s.10(k). (3) The Authority may upon request of the person upon whom the notice is served amend in writing the requirements of the notice as to the time or place at which the tool, machine, equipment, facility, instrument, device or vehicle is to be made available or the period for which it is to be required. S. 55B(4) amended by Nos 9758 s. 11, 87/1989 s. 7(k), 86/1990 s. 5(e)(j), 49/2000 s. 3(15)(Sch. item (35)(a) (b)), 68/2009 s. 97(Sch. item 50.22). (4) A person who contravenes any such notice shall be guilty of an offence against this Act and liable to a penalty of not more than 300 penalty units and to a daily penalty of not more than 50 penalty units for each day during which the offence continues after conviction or after service by the Authority on the accused of notice of contravention of the provisions of this section (whichever is the earlier).
70-8056a181.docx