123Oral direction may be given before prohibition notice is served

123 Oral direction may be given before prohibition notice is served

(1)  This section applies if an authorised officer believes on reasonable grounds –

(a) that a dangerous activity is occurring or may occur; and

(b) that it is not reasonable or immediately possible to serve a prohibition notice.

(2)  The officer may orally direct a person who has or appears to have control over the activity to do or not to do a specified act.

(3)  The officer must state the reason for giving the direction.

(4)  A person to whom a direction is given must comply with it, unless the person has a reasonable excuse for not doing so.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 420 penalty units; or

(b) an individual, a fine not exceeding 85 penalty units.

(5)  It is a reasonable excuse for not complying with a direction if the authorised officer did not tell the person that it is an offence not to do so.

(6)  A direction under this section ceases to have effect if a prohibition notice in respect of the activity is not served within 5 days of the direction being given.