40Powers of authorised officers in emergencies

40 Powers of authorised officers in emergencies

(1)  This section applies if a train that includes a unit of rolling stock to which this Division applies is involved in an incident resulting in a dangerous situation.

(2)  An authorised officer may give, to a person who is involved in the transport of the dangerous goods on the train, directions about –

(a) the transport of the goods from the place of the incident; or

(b) how otherwise to deal with the goods.

(3)  The direction must –

(a) be in writing and be signed by the authorised officer; and

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

(c) identify the incident; and

(d) identify the dangerous goods to which it relates.

(4)  However, if it is not practicable to give the direction in writing, the direction may be given orally and confirmed in writing within 48 hours.

(5)  A person who is given a direction under subsection (2) must comply with the direction.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 250 penalty units; or

(b) an individual, a fine not exceeding 50 penalty units.