sec.104Preventing injury and damage—taking direct action

sec.104 Preventing injury and damage—taking direct action

This section applies if an inspector reasonably believes a dangerous situation exists and either— a person given a remedial action or dangerous situation notice has not complied with the notice; or having regard to the nature of the situation, action under a remedial action or dangerous situation notice is inappropriate to prevent, remove or minimise the danger. The inspector may take, or cause to be taken, the action the inspector reasonably believes is necessary to prevent, remove or minimise the danger. The inspector must immediately— prepare a statement of reasons for taking the action; and if asked by a person affected by the action—give the person the statement of reasons. The action an inspector may take includes asking someone the inspector reasonably believes has appropriate knowledge and experience to help the inspector prevent, remove or minimise the danger. There is a traffic accident involving a vehicle transporting explosives at a location remote from an inspector. An inspector may, by telephone, ask the driver of the vehicle transporting explosives or a police officer with appropriate knowledge and experience to transfer the explosives to another vehicle for removal to another location. A person asked under subsection (4) to help an inspector is taken to have the powers of an inspector to the extent reasonably necessary for the person to help prevent, remove or minimise the danger. (sec.104-ssec.1) This section applies if an inspector reasonably believes a dangerous situation exists and either— a person given a remedial action or dangerous situation notice has not complied with the notice; or having regard to the nature of the situation, action under a remedial action or dangerous situation notice is inappropriate to prevent, remove or minimise the danger. (sec.104-ssec.2) The inspector may take, or cause to be taken, the action the inspector reasonably believes is necessary to prevent, remove or minimise the danger. (sec.104-ssec.3) The inspector must immediately— prepare a statement of reasons for taking the action; and if asked by a person affected by the action—give the person the statement of reasons. (sec.104-ssec.4) The action an inspector may take includes asking someone the inspector reasonably believes has appropriate knowledge and experience to help the inspector prevent, remove or minimise the danger. There is a traffic accident involving a vehicle transporting explosives at a location remote from an inspector. An inspector may, by telephone, ask the driver of the vehicle transporting explosives or a police officer with appropriate knowledge and experience to transfer the explosives to another vehicle for removal to another location. (sec.104-ssec.5) A person asked under subsection (4) to help an inspector is taken to have the powers of an inspector to the extent reasonably necessary for the person to help prevent, remove or minimise the danger.