National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007
121Prohibition notice
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121 Prohibition notice
(1) A prohibition notice has effect: (a) upon being served; or (b) if the notice specifies a later date, on that date. (2) A prohibition notice served on a person must: (a) state that the notice is served in accordance with this Act; and (b) require the person to cease the dangerous activity or to cease carrying it out in a specified manner; and (c) state the basis for the authorised officer’s belief that the activity is a dangerous activity; and (d) if the authorised officer believes that the dangerous activity involves a contravention of a law, specify the law and the relevant provision of it; and (d) state how a review of the decision to serve the notice may be obtained; and (e) state the penalty for failing to comply with the notice. (3) A prohibition notice may include a direction on the measures to be taken to minimise or eliminate the risk caused by the dangerous activity. (4) A direction may: (a) require measures be taken in accordance with a compliance code; or (b) offer a choice of ways to minimise or eliminate the risk caused by the dangerous activity. (5) A prohibition notice that prohibits the carrying out of an activity in a specified way may do so by specifying: (a) a place where the activity may not be carried out; or (b) any thing that may not be used in connection with the activity; or (c) any procedure that may not be followed in connection with the activity.