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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 161G
Power to give notice about dangerous situation
161G Power to give notice about dangerous situation
(1) This section applies if the authorised officer reasonably believes a
person is in a position to take steps to prevent a dangerous situation.
(2)
The authorised officer may give the person a written notice (a
"dangerous situation notice" ) requiring the person to take the steps
reasonably necessary to prevent the dangerous situation.
(3) Without limiting
subsection (2) , the authorised officer may require the prime contractor or
consignor of dangerous goods to provide equipment and other resources
necessary— (a) to control the dangerous situation; or
(b) to contain,
control, recover or dispose of the goods that have leaked, spilled or escaped;
or
(c) to recover a vehicle involved in the situation or its equipment.
(4)
If the notice relates to a vehicle, it may be given by securely attaching it
to the vehicle in a conspicuous position.
(5) A person must not remove a
dangerous situation notice from a vehicle before the steps stated in the
notice are taken. Penalty— Maximum penalty—100 penalty units.
(6)
However, the person to whom the notice is given does not contravene subsection
(5) if the person removes the notice from the vehicle and immediately reads it
and reattaches it to the vehicle.
(7) Without limiting the power under a
regulation to confer a power on a relevant emergency service officer, a
regulation may authorise a relevant emergency service officer to exercise by
written notice the same power as the power mentioned in subsection (3) or a
similar power.
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