43GEnforcement of safety directions

#### 43G Enforcement of safety directions 43G Enforcement of safety directions > > (1) A person must comply with a safety direction (except to the extent that compliance would result in the contravention of a requirement imposed by or under an Act). > > > > Maximum penalty—30 penalty units. > > > (2) Transport for NSW or Port Authority of New South Wales may enforce compliance with a safety direction in any of the following ways— > > > > > (a) by using reasonable force to remove from the port or wharf any person who is contravening the direction, > > > > > (b) by removing from the port or wharf, or moving within the port or wharf, any vehicle or vessel that is stopped or parked in contravention of the direction (including by removing, dismantling or neutralising any locking device or other feature of the vehicle or vessel and allowing the vehicle or vessel to be started by other means), > > > > > (c) by removing from the port or wharf, or moving within the port or wharf, any goods stored in contravention of the direction (including by removing any locks preventing access to goods). > > > (3) Transport for NSW or the Port Authority of New South Wales may authorise the enforcement powers in subsection (2) to be exercised by an authorised officer, a delegate of Transport for NSW or the Port Authority of New South Wales or any other person specifically authorised for the purposes of this section. > > > (4) The power to remove or move a vehicle, vessel or goods from or within the port or wharf includes the power to place the vehicle, vessel or goods in secure storage pending return of the vehicle, vessel or goods to their owner. > > > (5) Transport for NSW or the Port Authority of New South Wales is entitled to recover as a debt the reasonable costs incurred by Transport for NSW or the Port Authority of New South Wales in enforcing compliance with a safety direction. Those costs are recoverable from the person whose contravention of the direction resulted in those costs being incurred. The costs are a charge on any vehicle, vessel or goods removed under this section. > > > (6) Transport for NSW or the Port Authority of New South Wales must take all reasonable steps to secure any vehicle, vessel or goods that are removed or moved under this section against theft or damage. > > > (7) Transport for NSW or the Port Authority of New South Wales must take all reasonable steps to limit any damage to any vehicle, vessel or goods that are removed or moved under this section. > > > (8) A certificate issued by Transport for NSW or the Port Authority of New South Wales certifying as to the reasonable costs incurred by Transport for NSW or the Port Authority of New South Wales in enforcing compliance with a safety direction is evidence of the matters certified. > > > (9) Anything done by or on behalf of Transport for NSW or the Port Authority of New South Wales reasonably and in good faith to enforce compliance with a safety direction as permitted by this Part does not subject Transport for NSW or the Port Authority of New South Wales or any other person to any action, liability, claim or demand. > > **s 43G:** Ins 2016, No 28, Sch 2 \[4\]. Am 2020 No 30, Sch 4.74\[8\].