Commonwealth Consolidated Acts

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ROAD TRANSPORT REFORM (DANGEROUS GOODS) ACT 1995 - SECT 28

Notice to remedy contravention

             (1)  If an authorised officer believes on reasonable grounds that a person:

                     (a)  is contravening this Act; or

                     (b)  has contravened this Act in circumstances that make it likely that the contravention will be repeated;

the authorised officer may give the person a notice requiring the person to remedy the matters causing the contravention.

             (2)  A notice under this section must:

                     (a)  be in writing; and

                     (b)  state the name of the person to whom it is directed; and

                     (c)  state that the authorised officer believes that the person to whom the notice is directed:

                              (i)  is contravening a provision of this Act; or

                             (ii)  has contravened a provision of this Act in circumstances that make it likely that the contravention will be repeated; and

                     (d)  state the grounds on which the belief is based; and

                     (e)  specify the provision of this Act; and

                      (f)  specify a day by which the matters referred to in the notice must be remedied.

             (3)  An authorised officer may include in a notice under this section directions as to the measures to be taken to remedy the contravention, or to avoid further contravention, of this Act.

             (4)  A notice under this section that relates to a vehicle may be given by placing it securely on the vehicle in a conspicuous position.

             (5)  A person who:

                     (a)  contravenes a notice under this section; or

                     (b)  removes a notice under this section from a vehicle before the matters causing the contravention have been remedied (unless it is necessary to do so to remedy the matters);

is guilty of an offence.

Maximum penalty for an offence against this subsection: $10,000 for an individual or $50,000 for a body corporate.



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