Part 5Improvement notices#

161BImprovement notices#

(1) This section applies if an authorised officer reasonably believes a person has contravened, is contravening or is likely to contravene a provision under this Act about the transport of dangerous goods or relating to a prescribed dangerous goods vehicle.

(2) The authorised officer may give the person a notice (an improvement notice) requiring the person to remedy the contravention or likely contravention, or the matters or activities occasioning the contravention or likely contravention, before the date stated in the notice.

(3) The improvement notice must state a date, with or without a time, by which the person is required to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, that the officer considers is reasonable having regard to— (a) the severity of any relevant risks; and (b) the nature of the contravention or likely contravention.

(4) The improvement notice must state each of the following— (a) that the authorised officer reasonably believes that a person has contravened, is contravening or is likely to contravene a provision under this Act;

(b) the reasons for that belief; (c) the provisions under this Act in relation to which that belief is held; (d) the prescribed review information for the decision; (e) that the notice is given under this section.

(5) The improvement notice may state the way the alleged contravention or likely contravention, or the matters or activities occasioning the alleged contravention or likely contravention, are to be remedied.

161CContravention of improvement notice#

A person given an improvement notice must comply with the notice, unless the person has a reasonable excuse.

Maximum penalty—the maximum penalty for the contravention of the provision about which the notice is given.

161DImprovement notice may be given by attaching to vehicle#

(1) If an improvement notice under section 161B relates to a vehicle, it may be given by securely attaching it to the vehicle in a conspicuous position.

(2) A person must not remove an improvement notice from the vehicle before complying with the notice.

Maximum penalty—100 penalty units.

(3) However, the person to whom the notice is given does not contravene subsection (2) if the person removes the notice from the vehicle and immediately reads it and reattaches it to the vehicle.

161ECancellation of an improvement notice#

(1) This section applies to an improvement notice given to a person.

(2) The chief executive may, by written notice to the person, cancel the improvement notice.