Explosives Act 1999
sec.103Power to give direction in dangerous situation
Start here
Get a plain-English read of sec.103
Turn the raw legal text into a practical explanation grounded in Explosives Act 1999.
sec.103 Power to give direction in dangerous situation
This section applies if an inspector reasonably believes— a dangerous situation exists; and a person is in a position to take steps to prevent, remove or minimise the danger. The inspector may give the person a written notice (a dangerous situation notice ) requiring the person take the steps reasonably necessary to prevent, remove or minimise the danger. The notice must state the following— the situation the inspector believes is causing the danger; the reasons for the belief; that the person must remedy the situation within a stated reasonable time. The notice may also state the steps the inspector reasonably believes are necessary to prevent, remove or minimise the danger. If the notice relates to a vehicle or thing, it may be given by securely attaching it to the vehicle or thing in a conspicuous position. The person must comply with the notice. Maximum penalty—200 penalty units. A person must not remove a dangerous situation notice from a vehicle or thing before the steps stated in the notice are taken. Maximum penalty for subsection (7) —100 penalty units. s 103 amd 2019 No. 7 s 313 s ch 1 pt 3 (sec.103-ssec.1) This section applies if an inspector reasonably believes— a dangerous situation exists; and a person is in a position to take steps to prevent, remove or minimise the danger. (sec.103-ssec.2) The inspector may give the person a written notice (a dangerous situation notice ) requiring the person take the steps reasonably necessary to prevent, remove or minimise the danger. (sec.103-ssec.3) The notice must state the following— the situation the inspector believes is causing the danger; the reasons for the belief; that the person must remedy the situation within a stated reasonable time. (sec.103-ssec.4) The notice may also state the steps the inspector reasonably believes are necessary to prevent, remove or minimise the danger. (sec.103-ssec.5) If the notice relates to a vehicle or thing, it may be given by securely attaching it to the vehicle or thing in a conspicuous position. (sec.103-ssec.6) The person must comply with the notice. Maximum penalty—200 penalty units. (sec.103-ssec.7) A person must not remove a dangerous situation notice from a vehicle or thing before the steps stated in the notice are taken. Maximum penalty for subsection (7) —100 penalty units.
- (a) a dangerous situation exists; and
- (b) a person is in a position to take steps to prevent, remove or minimise the danger.
- (a) the situation the inspector believes is causing the danger;
- (b) the reasons for the belief;
- (c) that the person must remedy the situation within a stated reasonable time.