New South Wales Repealed Acts

This legislation has been repealed.

ROAD AND RAIL TRANSPORT (DANGEROUS GOODS) ACT 1997 - SECT 29

29 Notice to eliminate or minimise danger

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

(a) a dangerous situation exists, and

(b) a person is in a position to take measures to avert, eliminate or minimise the danger,

the authorised officer may issue a notice requiring the person to take those measures.

(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) identify the situation that, in the authorised officer's opinion, is causing the danger, and

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

(e) specify the measures to be taken, and

(f) specify a day by which the measures are to be taken.

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

(4) A person who:

(a) contravenes a notice under this section, or

(b) removes a notice under this section from a vehicle before measures have been taken to avert, eliminate or minimise the danger (unless it is necessary to do so to avert, eliminate or minimise the danger),

is guilty of an offence.

Maximum penalty (subsection (4)): $10,000 for an individual or $50,000 for a body corporate.