Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 161N

161N Preventing injury and damage—taking direct action

(1) This section applies if the authorised officer reasonably believes—

(a) a person given an improvement notice or dangerous situation notice has not complied with the notice; or

(b) having regard to the nature of the dangerous situation, action under an improvement notice or dangerous situation notice is inappropriate to prevent the dangerous situation.

(2) The authorised officer may take, or cause to be taken, the action the officer reasonably believes is necessary to prevent the dangerous situation.

(3) The action an authorised officer may take includes asking someone the officer reasonably believes has appropriate knowledge and experience to help the officer prevent the dangerous situation.

(4) If the person agrees to help, the person is taken to have the powers of an authorised officer to the extent reasonably necessary for the person to help prevent the dangerous situation.

(5) A power may be exercised under this section despite anything to the contrary in chapter 3 , part 3 .