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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 91ZQ

Direction to comply

91ZQ Direction to comply

(1) This section applies if an audit report identifies that the person whose business activities were audited has not complied with a provision of relevant transport legislation in relation to—
(a) providing a taxi service or booked hire service; or
(b) a motor vehicle used to provide a taxi service or booked hire service.
(2) The chief executive or an authorised person may give the person a written direction to—
(a) if the person’s noncompliance mentioned in subsection (1) exposes an individual to a risk of death or serious injury or illness—
(i) immediately comply with the provision of relevant transport legislation; and
(ii) take the action stated in the direction to remedy the noncompliance; or
(b) otherwise—comply with the provision of relevant transport legislation, within the period, of not less than 5 business days, stated in the direction.
(3) A direction must—
(a) identify the noncompliance; and
(b) state that failure to comply with the direction, without a reasonable excuse, is an offence; and
(c) state the direction does not relieve the person from the obligation to comply with another provision of relevant transport legislation.
(4) The chief executive may, by written notice, extend the period for complying with a provision of relevant transport legislation for a direction given under subsection (2) (b) .
(5) The person to whom a direction is given under subsection (2) must not contravene the direction unless the person has a reasonable excuse.
Penalty—
Maximum penalty—
(a) for contravention of a direction mentioned in subsection (2) (a) —320 penalty units; or
(b) otherwise—160 penalty units.



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