QLDIn ForceAct
Transport Infrastructure Act 1994
sec.458Helping in accidents or emergencies
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### sec.458 Helping in accidents or emergencies
This section applies if a person, other than an official—
helps, or attempts to help, in a situation in which an accident or emergency involving dangerous goods happens or is likely to happen; and
the help, or attempt to help, is given—
honestly and without negligence; and
without any fee, charge or other reward.
The person does not incur civil liability for helping or attempting to help.
If subsection (2) prevents civil liability attaching to a person, the liability attaches instead to the State.
This section does not apply to a person whose act or omission wholly or partly caused the accident, emergency or likely accident or emergency.
In this section—
official means a person who is, or is acting under the control of, an authorised person under the Transport Operations (Passenger Transport) Act 1994 .
s 458 ins 2001 No. 79 s 34
(sec.458-ssec.1) This section applies if a person, other than an official— helps, or attempts to help, in a situation in which an accident or emergency involving dangerous goods happens or is likely to happen; and the help, or attempt to help, is given— honestly and without negligence; and without any fee, charge or other reward.
(sec.458-ssec.2) The person does not incur civil liability for helping or attempting to help.
(sec.458-ssec.3) If subsection (2) prevents civil liability attaching to a person, the liability attaches instead to the State.
(sec.458-ssec.4) This section does not apply to a person whose act or omission wholly or partly caused the accident, emergency or likely accident or emergency.
(sec.458-ssec.5) In this section— official means a person who is, or is acting under the control of, an authorised person under the Transport Operations (Passenger Transport) Act 1994 .
- (a) helps, or attempts to help, in a situation in which an accident or emergency involving dangerous goods happens or is likely to happen; and
- (b) the help, or attempt to help, is given— (i) honestly and without negligence; and (ii) without any fee, charge or other reward.
- (i) honestly and without negligence; and
- (ii) without any fee, charge or other reward.
- (i) honestly and without negligence; and
- (ii) without any fee, charge or other reward.