Div 5AProhibition notices

Division 5A—Prohibition notices 576A—Power to issue prohibition notice (1) This section applies if an authorised officer reasonably believes that an activity involving a heavy vehicle— (a) is occurring and involves, or will involve, an immediate or imminent serious risk to the health or safety of a person; or (b) may occur and, if it occurs, will involve an immediate or imminent serious risk to the health or safety of a person. (2) The authorised officer may give a person who has control over the activity a direction prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way, until an authorised officer is satisfied that the matters that give or will give rise to the risk have been remedied. (3) The direction may be given orally, but must be confirmed by written notice (a prohibition notice) given to the person as soon as practicable. 576B—Contents of prohibition notice (1) A prohibition notice must state— (a) that the authorised officer believes that grounds for the issue of the prohibition notice exist and the basis for that belief; and (b) briefly, the activity that the authorised officer believes involves or will involve the risk and the matters that give or will give rise to the risk; and (c) the provision of this Law that the authorised officer believes is being, or is likely to be, contravened by that activity. (2) A prohibition notice may include directions on the measures to be taken to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in subsection (1)(c). (3) Without limiting section 576A, a prohibition notice that prohibits the carrying on of an activity in a specified way may do so by stating 1 or more of the following: (a) a heavy vehicle, or part of a heavy vehicle, in which the activity is not to be carried out; (b) anything that is not to be used in connection with the activity; (c) any procedure that is not to be followed in connection with the activity. 576C—Compliance with prohibition notice A person given a direction under section 576A(2) or a prohibition notice must comply with the direction or notice.