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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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