Dangerous Goods (Road and Rail Transport) Act 2008 No 95
Current version for 20 January 2013 to date (accessed 25 May 2013 at 00:16)
Part 5Division 3

Division 3 Prohibition notices

30   Issue of prohibition notices

(1)  If an authorised officer is of the opinion that there is occurring or about to occur any dangerous activity, the authorised officer may issue to the person who has or may be reasonably presumed to have control over the activity a notice prohibiting the carrying on of the activity until the authorised officer has certified in writing that the activity is not or is no longer a dangerous activity.
(2)  A prohibition notice must:
(a)  state that the authorised officer is of the opinion referred to in subsection (1), and
(b)  state the reasons for that opinion, and
(c)  specify the activity in respect of which that opinion is held, and
(d)  if in the authorised officer’s opinion the activity involves a contravention or likely contravention of any provision of this Act or the regulations—specify that provision and state the reasons for that opinion, and
(e)  include information about obtaining a review of the notice under this Part.

31   Offence: failure to comply with prohibition notice

A person who, without reasonable excuse, fails to comply with a requirement imposed by a prohibition notice is guilty of an offence.

Maximum penalty: 100 penalty units or imprisonment for 6 months, or both, for an individual or 500 penalty units for a body corporate.

Top of page