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Prosecution Details

Defendant Australian Boat Manufacturers Pty Ltd
Trading Name Not Applicable
Section 48(4)
Regulation Not Applicable
Offence Date Wednesday, 12 March 1997
Description of Breach(es)

Being a person to whom an improvement notice number 93901, was issued and having been reviewed subject to section 51 of the Occupational Safety and Health Act 1984, failed to comply with that improvement notice within the time specified.

Background Details

During an inspection on 30 October 1996 an Investigating Inspector observed that a hydrabend brake press was not adequately guarded to prevent employees coming in contact with moving parts and suffering an injury. Improvement notice 93901 was issued. The defendant sought a review and the compliance date was extended a further four weeks.

On 12 March a further inspection occurred and it was found that the plant was connected to power and in operational condition. No guarding of the plant had taken place. On completion of the inspectors visit the plant was taken out of service.

A not guilty plea was entered.

The defendant was found guilty, though due to the company's lack of funds the Magistrate awarded a zero fine and zero costs.

Outcome Summary convicted
Conviction Date 13 Jan 1998
Court Fremantle Court of Petty Sessions
Fine $0
Costs $0
Charge Number 9485/97