Dangerous Goods (Road and Rail Transport) Act 2010
88Supervisory intervention orders
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88 Supervisory intervention orders
(1) The court that finds a person guilty of an offence may, on the application of the Competent Authority, if the court considers the person to be a systematic or persistent offender against this Act, make an order under this section.
(2) The court may make a supervisory intervention order requiring the person (at the person’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 person’s compliance with this Act or specified sections of this Act, 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 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 person in improving compliance with this Act or specified sections of this Act; and
(ii) to monitor the person’s performance in complying with this or specified sections of this Act 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.