Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 126K
Power to give remedial action notices
(1) This section applies if an authorised person reasonably believes a
person— (a) has contravened a provision of the
Transport Infrastructure Act 1994 , chapter 14 in circumstances that indicate
that it is likely the contravention will be repeated; or
(b) is contravening
a provision of the chapter.
(2) The authorised person may give the person a
written notice (a
"remedial action notice" ) requiring the person to remedy the cause of the
contravention.
(3) The notice must state the following— (a) the provision
the authorised person believes the person has contravened or is contravening;
(b) the reasons for the belief;
(c) that the person must remedy the cause of
the contravention within a stated reasonable time;
(d) if the notice is
attached to a rail vehicle—a warning that it is an offence for a person to
remove the notice from the vehicle until the notice is complied with, but that
the person to whom the notice is given may remove the notice to immediately
read it and reattach it to the vehicle.
(4) The notice may also state the
steps the authorised person reasonably believes are necessary to remedy the
cause of the contravention.
(5) If the notice relates to a rail vehicle, the
notice may be given by securely attaching it to the vehicle in a conspicuous
place.
(6) The person must comply with the notice, unless the person has a
reasonable excuse. Penalty— Maximum penalty—the maximum penalty for
the contravention of the provision about which the notice is given.
(7) The
person does not commit an offence against subsection (6) if the person is not
proved to have contravened the provision mentioned in the notice as the
provision the authorised person believes the person has contravened or is
contravening.
(8) A person must not remove a remedial action notice from a
rail vehicle before the notice is complied with. Penalty— Maximum
penalty—135 penalty units.
(9) However, the person to whom the notice is
given does not contravene subsection (8) if the person removes the notice from
the vehicle and immediately reads it and reattaches it to the vehicle.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback