Section 53 - Dangerous Goods (Road and Rail Transport) Act 2008 - Supervisory intervention orders

53Supervisory intervention orders

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53 Supervisory intervention orders

(1) The court may make an order under this section if the court considers an offender to be a systematic or persistent offender against this Act or the regulations.

(2) The court may, on the application of a Competent Authority, make a supervisory intervention order requiring the offender (at the offender’s own expense and for a specified period not exceeding one year) to do any or all of the following—

(a) to do specified things that the court considers will improve the offender’s compliance with this Act or the regulations or specified provisions of this Act or the regulations, including (for example) the following—

(i) appointing or removing staff to or from particular activities or positions,

(ii) training and supervising staff,

(iii) obtaining expert advice as to maintaining appropriate compliance,

(iv) installing monitoring, compliance, managerial or operational equipment (including, for example, intelligent transport system equipment),

(v) implementing monitoring, compliance, managerial or operational practices, systems or procedures,

(b) to conduct specified monitoring, compliance, managerial or operational practices, systems or procedures subject to the direction of the Competent Authority or a person nominated by the Competent Authority,

(c) to furnish compliance reports to the Competent Authority or the court or both as specified in the order,

(d) to appoint a person to have responsibilities—

(i) to assist the offender in improving compliance with this Act and the regulations or specified provisions of this Act or the regulations, and

(ii) to monitor the offender’s performance in complying with this or specified provisions of this Act and the regulations and in complying with the requirements of the order, and

(iii) to furnish compliance reports to the Competent Authority or the court or both as specified in the order.

(3) The court may specify matters that are to be dealt with in compliance reports and the form, manner and frequency in which compliance reports are to be prepared and furnished.