Part 6Dangerous situation notices and relevant oral directions#
161FApplication#
(1) This part applies only if an authorised officer reasonably believes a dangerous situation exists.
(2) A power may be exercised under this part despite anything to the contrary in chapter 3, part 3.
161GPower 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.
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.
161HDangerous situation notice#
(1) A dangerous situation notice has effect— (a) when it is given to the person; or (b) if the notice states a later date—on that date.
(2) A dangerous situation notice given to a person must state each of the following— (a) the notice is given under section 161G; (b) the authorised officer believes a dangerous situation exists; (c) the grounds for the belief; (d) if the authorised officer believes the dangerous situation involves a contravention of an Act—the relevant provision of the Act; (e) the prescribed review information for the decision; (f) it is an offence to fail to comply with a dangerous situation notice; (g) the maximum penalty for the offence of failing to comply with a dangerous situation notice.
(3) The dangerous situation notice may include a requirement about the steps to be taken to prevent the dangerous situation.
(4) A requirement may—
- (a) offer a choice of ways to prevent the dangerous situation; and
- (b) prohibit the carrying out of an activity by stating—
- (i) a place where the activity may not be carried out; or
- (ii) a thing that may not be used in connection with the activity; or
- (iii) a procedure that may not be followed in connection with the activity.
161IContravention of dangerous situation notice#
A person given a dangerous situation notice must comply with the requirements stated in the notice, unless the person has a reasonable excuse for not doing so.
Maximum penalty—
- (a) if the contravention results in death or grievous bodily harm to a person—200 penalty units; or
- (b) otherwise—100 penalty units.
161JOral direction may be given before dangerous situation notice is served#
- (1)This section applies if an authorised officer reasonably believes—
- (a)a person is in a position to take steps to prevent a dangerous situation; and
- (b)it is not reasonable or immediately possible to give a dangerous situation notice.
- (2)The authorised officer may give an oral direction to the person instead of a written notice.
- (3)The oral direction must include—
- (a)the matters mentioned in section 161H(2)(b), (c) and (d); and
- (b)a statement that it is an offence to fail to comply with an oral direction.
- (4)The person must comply with the oral direction.
- (5)The oral direction must be confirmed in writing by any authorised officer giving a dangerous situation notice under section 161G as soon as practicable.
- (6)The oral direction stops having effect if the dangerous situation notice is not given to the person within 5 days after the oral direction is given.
Maximum penalty—
- (a) if the contravention results in death or grievous bodily harm to a person—200 penalty units; or
- (b) otherwise—100 penalty units.
161KCancellation of dangerous situation notice#
The chief executive may, by written notice to a person who was given a dangerous situation notice, cancel the notice.
161LAdditional power to require information or produce document#
- (1)If an authorised officer reasonably believes a person may be able to give information or produce a document that will help to prevent a dangerous situation, the officer may require the person to give the information or produce the document.
- (2)The person must give the information or produce the document unless the person has a reasonable excuse.
- (3)The fact that giving the information or providing the document might tend to incriminate the person is not a reasonable excuse for subsection (2).
- (4)However, the information or document is not admissible in evidence against the person, other than a corporation, in criminal proceedings apart from proceedings for an offence against section 52 or 53.
Maximum penalty—
- (a) if the contravention results in death or grievous bodily harm to a person—200 penalty units; or
- (b) otherwise—100 penalty units.
161MProceedings for an offence not affected by dangerous situation notice#
The fact that a dangerous situation notice has been given or cancelled does not affect any proceedings for an offence against this Act.