New South Wales Consolidated Acts

DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) ACT 2008 - SECT 53

53 Supervisory intervention orders

(1) The court may make an order under this section if the court considers an offender to be a systematic or persistent offender against this Act or the regulations.

(2) The court may, on the application of a Competent Authority, make a supervisory intervention order requiring the offender (at the offender's own expense and for a specified period not exceeding one year) to do any or all of the following--

(a) to do specified things that the court considers will improve the offender's compliance with this Act or the regulations or specified provisions of this Act or the regulations, including (for example) the following--

(i) appointing or removing staff to or from particular activities or positions,

(ii) training and supervising staff,

(iii) obtaining expert advice as to maintaining appropriate compliance,

(iv) installing monitoring, compliance, managerial or operational equipment (including, for example, intelligent transport system equipment),

(v) implementing monitoring, compliance, managerial or operational practices, systems or procedures,

(b) to conduct specified monitoring, compliance, managerial or operational practices, systems or procedures subject to the direction of the Competent Authority or a person nominated by the Competent Authority,

(c) to furnish compliance reports to the Competent Authority or the court or both as specified in the order,

(d) to appoint a person to have responsibilities--

(i) to assist the offender in improving compliance with this Act and the regulations or specified provisions of this Act or the regulations, and

(ii) to monitor the offender's performance in complying with this or specified provisions of this Act and the regulations and in complying with the requirements of the order, and

(iii) to furnish compliance reports to the Competent Authority or the court or both as specified in the order.

(3) The court may specify matters that are to be dealt with in compliance reports and the form, manner and frequency in which compliance reports are to be prepared and furnished.

(4) The court may require that compliance reports or aspects of compliance reports be made public, and may specify the form, manner and frequency in which they are to be made public.

(5) The court may only make a supervisory intervention order if it is satisfied that the order is capable of improving the offender's ability or willingness to comply with this Act, having regard to--

(a) the offences of which the offender has been previously found guilty, and

(b) the offences for which the offender has been proceeded against by way of penalty notices, and

(c) any other offences or other matters that the court considers to be relevant to the conduct of the offender in connection with the transport of dangerous goods.

(6) The order may direct that any other penalty or sanction imposed for the offence by the court is suspended until the court determines that there has been a substantial failure to comply with the order.

(7) A court that has power to make supervisory intervention orders may revoke or amend a supervisory intervention order on the application of--

(a) the Competent Authority that applied for the order, or

(b) the offender, but only if the court is satisfied that there has been a change of circumstances warranting revocation or amendment.

(8) For the purposes of subsections (1) and (5), if a person has committed at least one offence against this Act or the regulations, the court may treat any offences that the person has committed against any corresponding law as if they had also been committed against this Act.

(9) A person who contravenes an order under this section is guilty of an offence.

: Maximum penalty--100 penalty units for an individual or 500 penalty units for a body corporate.

(10) In this section--

"compliance report" , in relation to an offender in respect of whom a supervisory intervention order is made, means a report relating to--

(a) the performance of the offender in complying with--

(i) this Act and the regulations or provisions of this Act or the regulations specified in the order, and

(ii) the requirements of the order, and

(b) without limiting the above--

(i) things done by the offender to ensure that any failure by the offender to comply with this Act and the regulations or the specified provisions of this Act or the regulations does not continue, and

(ii) the results of those things having been done.

"intelligent transport system" means a system involving the use of electronic or other technology (whether located in or on a vehicle, or on or near a road or rail, or elsewhere) that has the capacity and capability to monitor, collect, store, display, analyse, transmit or report information relating to--

(a) a vehicle or its equipment or load, the driver of a vehicle, the operator of a fleet of vehicles or another person involved in road or rail transport, and

(b) without limiting the above, whether a vehicle is being operated in conformity with this Act and the regulations and any authorisation issued under this Act.