Part 7Other matters#

161NPreventing injury and damage—taking direct action#

1. (1)This section applies if the authorised officer reasonably believes—
2. (a)a person given an improvement notice or dangerous situation notice has not complied with the notice; or
3. (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.
4. (2)The authorised officer may take, or cause to be taken, the action the officer reasonably believes is necessary to prevent the dangerous situation.
5. (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.
6. (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.
7. (5)A power may be exercised under this section despite anything to the contrary in chapter 3, part 3.

161ORecovery of costs of government action#

1. (1)This section applies if any of the following events happens in relation to the transport of dangerous goods—
2. (a)a dangerous situation;
3. (b)an incident—
4. (i)wholly or partly constituted by or arising from—
5. (A)the escape of dangerous goods; or
6. (B)an explosion or fire involving dangerous goods; or
7. (ii)involving the risk of the escape of dangerous goods or an explosion or fire involving dangerous goods.
8. (2)If a government entity incurs costs because of the event, the entity may recover the costs reasonably incurred in dealing with the event as a debt owing to the entity or the State.
9. (3)The costs are recoverable jointly and severally from the following—
10. (a)the person who owned the dangerous goods when the event happened;
11. (b)the person who had possession or control of the dangerous goods when the event happened;
12. (c)the person who caused the event;
13. (d)the person responsible (other than as an employee, agent or subcontractor of someone else) for the transport of the dangerous goods.
14. (4)However, costs are not recoverable from a person who— (a) is mentioned in section 161A; or

(a) is mentioned in section 161A; or (b) establishes that— (i) the event was primarily caused by someone else; or (ii) the person could not, exercising reasonable care, have prevented the event; or (iii) the event was not attributable to the person or to an employee, agent or subcontractor of the person.

(5) This section does not limit the powers a government entity has apart from this Act.