Heavy Vehicle National Law (NSW)
590Formal warning
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590 Formal warning
590 Formal warning
(1) This section applies if an authorised officer reasonably believes—
(a) a person has contravened this Law; and
(b) the person had exercised reasonable diligence to prevent the contravention and was unaware of the contravention; and
(c) the contravention may appropriately be dealt with by way of a warning under this section.
(2) The authorised officer may give the person a written warning.
(3) However, a warning must not be given for—
(a) a contravention of a mass, dimension or loading requirement constituting a substantial risk breach or severe risk breach; or
(b) a contravention of a maximum work requirement or a minimum rest requirement constituting a substantial risk breach, severe risk breach or a critical risk breach.
(4) Subject to subsection (6), if a warning is given to a person under this section for a contravention of this Law, the person can not be proceeded against for an offence against this Law constituted by the contravention.
(5) A warning given under this section may, within 21 days after it is given, be withdrawn by an approved authorised officer by giving the person to whom the warning was given notice of the withdrawal.
(6) After a warning given under this section is withdrawn under subsection (5), a proceeding may be taken against the person to whom the warning was given for the contravention for which the warning was given.
(7) In this section—
approved authorised officer means—
(a) for a warning given under this section by an authorised officer who is a police officer—an authorised officer who is a police officer and who has the relevant police commissioner’s written authority to withdraw warnings given under this section; or
(b) for a warning given under this section by an authorised officer who is not a police officer—an authorised officer whose instrument of appointment provides that the authorised officer may withdraw warnings given under this section.
proceeding includes action by way of an infringement notice.
s 590: Am 2015 No 12, sec 57; 2016 No 65, sec 95.